ORDER
This review petition has been preferred against the order dated 02.08.2023 passed in MCC No.1614/23 whereby instead of transferring
1
- 2 -
the matter, the petitioner was permitted to appear before the concerning Court through video conferencing.
2. Learned counsel for the petitioner submits that in the light of decision of Supreme Court in the case of Santhini vs. Vijaya Venketesh (2018) 1 SCC 1 (para 58), in a transfer petition, video conferencing cannot be directed and unless the parties to the petition file joint application in that regard, the order of video conferencing cannot be passed. Relevant para- 58 of the said decision in the case of Santhini (supra) is reproduced as under:-
"58. In view of the aforesaid analysis, we sum up our conclusion as follows:
58.1. In view of the scheme of the 1984 Act and in particular Section 11, the hearing of matrimonial disputes may have to be conducted in camera.
58.2. After the settlement fails and when a joint application is filed or both the parties file their respective consent memorandum for hearing of the case through videoconferencing before the concerned Family Court, it may exercise the discretion to allow the said prayer.
58.3. After the settlement fails, if the Family Court feels it appropriate having regard to the facts and circumstances of the case that videoconferencing will sub-serve the cause of justice, it may so direct.
58.4. In a transfer petition, video conferencing cannot be directed.
58.5. Our directions shall apply prospectively. 58.6.) The decision in Krishna Veni Nagam (supra) is overruled to the aforesaid extent."
3. In view of aforesaid conclusions made in the decision of Supreme Court in the case of Santhini (supra), the contentions raised on behalf of the petitioner appear to be correct and apparently the law laid down in the said decision of Supreme Court in the case of Santhini (supra) has
- 3 -
escaped from consideration, therefore, there is error apparent on the face of record.
4. Resultantly, by granting the review, the order dated 02.08.2023 is hereby recalled and the Registry is directed to list the MCC No.1614/23 for hearing afresh.
5. Accordingly, the review petition is allowed and disposed off.
6. Interim pending application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
pb