AMITABH BAGCHI Vs. ENA BAGCHI

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging the order passed by the District Judge at Howrah on 8th September, 2003 in the Miscellaneous Case No. 89 of 2001 arising out of Matrimonial Suit No. 487 of 2000.

(2.) The fact reveals that the petitioner's husband instituted the aforesaid Matrimonial Suit in the appropriate Court of District Howrah because according to him marriage was solemnized therein under the Hindu Marriage Act, 1955. Thereafter, they shifted along with the parents of the petitioner to New Delhi and consequently to the United States of America. However, the opposite party/wife stayed there for sometime due to passport and/or clearance of visa etc. Thereafter she also went there and stayed at the matrimonial house at Chicago, United States of America. According to the petitioner, due to various reasons which will be reflected from the statements in the plaint as well as application, she herself left the matrimonial house and came back to India.

(3.) Good, bad, indifferent I do not want to go to the controversy in respect of the matrimonial relations because I have not been called upon to decide so. But the pious desire of the Court is that both the husband and the wife, for the sake of their child and/or their family members, should adjust in a manner with each other so that such type of disputes can be avoided. Unless and until it comes out from within themselves law cannot give protection very often as there is a well-known proverb that family law is no law. With my sincere expectation, now. I switch over myself to the real crux of the case. In the Matrimonial Suit an application was made by the opposite party under Section 24 of the Hindu Marriage Act for the purpose of grant of alimony and litigation cost. Such application was disposed of by the District Judge, Howrah by an order dated 3rd May, 2003 by granting Rs. 10,000/- per month towards maintenance pendente lite and a sum of Rs. 20,000/- as litigation cost with other incidental orders. A revisional application was made from such order in the High Court but in disposing of such revisional application being C.O. No. 1681 of 2003 dated 11th August, 2003 the Court was pleased to set aside such order in view of the fact that income of the husband was ascertained but question of expenditure was not ascertained by the Court below to come to a finding as to alimony at the rate of Rs. 10,000/- per month. But in disposing of such revisional application Court below was directed to hear out the matter afresh on the basis of the evidence to be adduced by the parties and the same should be disposed of within a period of two months from date of communication of the order without granting any unnecessary adjournment. Thereafter the petitioner's husband made an application before the Court below for examining him by way of video conference. According to him, he is permanently residing in United States of America and is an employee of a company at New York. In course of employment he has to remain at the place of posting. According to him, it would be extremely prejudicial to come to India and depose in the instant case. It will involve an unnecessary amount of delay, expenditure and inconvenience which in the facts and circumstances of the case, will be patently unreasonable and extremely harsh upon him. The attendance of the petitioner can be procured without delay, expenses and inconvenience if the Court allows him to be examined by way of video conferencing. There is no difficulty in examining him in that way because perjury, if any, is a punishable offence therein. His examination is utmost necessary and to avoid difficulties as mentioned above an order to Commission to record his examination by way of video conferencing can be granted.