20 May 2024 Civil Revision >> Civil & Consumer Law   |   Marriage Law >> Family Law  

Supreme Court recently intervened in a case where two Petitioners faced a Calcutta High Court order demanding their physical presence despite medical reasons for absence. The Petitioners, a couple involved in a marital dispute, challenged the High Court's order through a revision application.

Background:

The couple, identified as Petitioner no. 1 and Petitioner no. 2, were absent from a Calcutta High Court hearing on May 14th, 2024. The court's response was an order requiring the police to produce them in person for the next hearing on May 22nd. However, Petitioner no. 2 had documented medical conditions, including a recent organ transplant and the need for further surgery. These conditions made traveling to Kolkata a significant health risk.

Petitioners Challenge Order:

The couple argued that the High Court's insistence on physical presence was unreasonable. They highlighted Petitioner no. 1's appearance at a previous hearing and the availability of virtual hearing technology within the court system. The Petition further emphasized that the marital dispute at hand did not necessitate their physical presence.

Higher Court Grants Virtual Hearing:

The higher court acknowledged the medical situation of Petitioner no. 2 and the unnecessary burden of travel. They criticized the High Court's failure to consider a virtual hearing option, a now-standard practice in many courts. Recognizing the harshness of the original order, the higher court stayed its execution and granted the couple permission to appear virtually for the revision application hearing.

Importance of the Decision:

This case highlights the increasing importance of technology in legal proceedings. Virtual hearings offer a solution for those facing challenges with physical attendance due to distance or health concerns. Supreme Court's decision prioritizes accessibility to justice and ensures the Petitioners' right to be heard despite the circumstances.