The court acknowledges the necessity of transferring cases for fairness and efficiency when technical issues impede effective participation in legal proceedings.

JUDGMENT :

SANJAY KUMAR MISHRA, J.

1. This transfer petition has been filed by the Petitioner-wife for transfer of MAT Case No.38 of 2023 filed by the Opposite Party-husband under Section 13(1) of HINDU MARRIAGE ACT , 1955 for dissolution of marriage, from the Court of learned Judge, Family Court, Bargarh, to the Court of learned Judge, Family Court, Sonepur on the grounds detailed in the transfer petition.

2. Heard Learned Counsel for the parties.

3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner being a deserted lady, having no source of income, is dependent on her parents to maintain her livelihood. It would be difficult on her part to attend the day to day proceeding before the learned Judge, Family Court, Bargarh, as the distance from Bargarh to Sonepur is around 80 K.Ms. That apart, there is a threat to her life, if she appears before the Court of learned Judge, Family Court, Bargarh in MAT Case No.38 of 2023.

4. Admittedly, the Petitioner had earlier approached this Court with similar prayer vide TRP(C) No.162 of 2023, which stood disposed of on 13.07.2023 at the stage of admission even before noticing the Opposite Party-husband with the following order:

“1. Permitting the Petitioner to request the Court concerned to appear and conduct all proceedings in virtual mode, the present petition is disposed of.

2. A copy of this order be communicated to the concerned Court forthwith.”

5. Learned Counsel for the Petitioner, drawing attention of this Court to the entire order sheet in MAT Case No.38 of 2023, as at Annexure-5 series, more particularly order dated 16.03.2024, submits that, pursuant to the observation of this Court in TRP(C) No.162 of 2023, though the Petitioner was permitted to appear through virtual mode, she being the Opposite Party, at the stage of cross-examination of P.W.1, as her Advocate wanted to confront some photographs relating to marriage and subsequent photographs pertaining to their marital life, in absence of Visualizer, which was not available at the Advocate’s remote point, Sonepur and there being no facility of Display Unit at the Advocate’s remote point, Sonepur, further cross-examination of P.W.1 through virtual mode is not practicable. The learned Court below, recording so, ordered for further cross-examination of P.W.1 through physical mode, for which the Petitioner was being constraint to approach this Court again in form of present transfer petition. The said order dated 16.03.2024 passed in MAT Case No.38 of 2023, being relevant, is reproduced below:

“Order dated 16.03.2024

The Petition to adjourned further hearing in Mat. Case No.38 of 2023 filed on 11.03.2024 is put up. The matter is taken in physical through the advocates for the parties locally. According to the petition the matter is taken up in V.C Mode and the case is in stage of cross-examination of P.W.1 and the advocate for the respondent will confront some photographs relating to marriage and subsequent photographs connecting martial life. In absence of visualizer which is not available at the advocate remote point, Sonepur and as there is no facility of display unit at the advocate remote point, Sonepur, further cross-examination of P.W.1 is not practicable. Hence it is prayed to adjourn the hearing till the aforesaid prayer is suitably accommodated.

In this matter it can be stated her that in the absence of required facilities this case cannot be proceeded through V.C. Mode. Hence the order of this court dtd.13.11.2024 is modified. The advocate for the respondent is directed to cooperate the court to com