BHUPENDRA KUMAR DAS Vs. DIPANJALI CHETIA

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned senior counsel for the petitioner. We also request Mr. H.K. Das, learned standing counsel for the High Court to assist the Court in arriving at a conclusion as to whether the evidence can be taken by video conferencing method in the Court of Chief Judicial Magistrate, Dibrugarh.

(2.) The respondent herein had preferred an application under Sec. 125 Cr.PC claiming maintenance from the petitioner who is her husband. In course of the proceeding by the order dated 21.07.2017 in C.R.- 07M/2016 an interim maintenance of Rs.10,000.00 per month was ordered against the petitioner.

(3.) In the proceeding, the petitioner desired that his evidence be taken through video conferencing method, inasmuch as, he is medically ill and not in a position to personally appear before the Court for his deposition. But by the order dated 08.03.2019, the learned Chief Judicial Magistrate had rejected such prayer of the petitioner on the ground that the medical report produced had led the learned Chief Judicial Magistrate to arrive at a view that the health condition of the petitioner is not such that he cannot appear before the Court or that he cannot produce his witnesses before the Court. As regards the production of other witness, we have been told by Mr. S. Dutta, learned senior counsel that such other witnesses who are otherwise medically fit will appear before the Court in their respective depositions.