Amiya Mohan Dash vs Apana Tripathy

S.K. Mishra, J.

Though the matter has been listed under the heading “For Orders” for consideration of I.A. No.11734 of 2026 for stay of further proceeding before the Court below, on consent of the learned Counsel for the parties, the writ petition is taken up for hearing and disposal at the stage of admission, permitting the learned Counsel for the Opposite Party-Wife to have his oral objection to the prayer made in the writ petition.

The present writ petition has been preferred by the Petitioner-Husband, who is the Opposite Party in C.P. No.632 of 2024. Impugned is the order dated 19.02.2026 passed by the learned Court below, vide which his application to permit him to appear through virtual mode stood rejected on the ground that though the Petitioner-Respondent filed petition seeking his appearance through video conferencing from outside the country, but he has not specifically mentioned about the country name and place of his stay in details. That apart, though he prayed to permit him to appear in the conciliation proceeding through video conferencing mode, as is revealed from the counselling report submitted by the Counsellor, the Petitioner (Respondent before the Court below) neither appeared on the date fixed for counselling, nor made any prayer before the Counsellor to permit him to appear through virtual mode.

Reiterating the grounds urged in the writ petition so also relying on the photo copy of Visa at Annexure-4 Series, learned Counsel for the Petitioner submits, the Petitioner has an F1 Visa, the validity of which is till 24.07.2029. He is prosecuting his studies under New York University. That apart, he has also annexed the letter of the Executive Director of the University, addressed to the Petitioner, in proof of his stand that he is staying abroad and prosecuting his studies.

Learned Counsel for the Petitioner submits, in view of the Orissa High Court Video Conferencing for Courts Rules, 2020, since the Petitioner is studying abroad, learned Court below ought to have allowed his prayer, permitting him to appear through virtual mode in C.P. No.632 of 2024 to expedite the disposal of the said case, instead of rejecting the said application on technical grounds.

Per contra, learned Counsel for the Opposite Party-Wife submits, though he has no objection to such prayer for permitting the Petitioner- Husband to appear through virtual mode, but in view of the reasons assigned in the impugned order, learned Court below was justified to pass the impugned order, thereby rejecting such prayer of the Petitioner to appear through virtual mode.

He further submits, since the Opposite Party-wife is at present serving as Senior Manager in Union Bank of India and posted at Baleswar, she should also be permitted to appear through virtual mode.

However, after taking into consideration the pleadings and documents on record, so also submissions made by the learned Counsel for the Parties, this Court is inclined to allow the prayer made in the writ petition. Accordingly, the impugned order dated 19.02.2026 passed by the learned Judge, Family Court, Cuttack in C.P. No.632 of 2024 is set aside. The Petitioner is permitted to appear through virtual mode, as prayed for.

Accordingly, it is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Cuttack through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court.

The learned Judge, Family Court, Cuttack is requested to explore the facility of Video Conferencing available in the said Court and allow the parties to appear through Video Conferencing mode following the guidelines prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020.

At this stage, it is submitted at the Bar that C.P. No.632 of 2024 now stands posted to 21.08.2026 for further examination of the Opposite Party-Wife, who has already filed her affidavit evidence as P.W. 1.

Hence, both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Cuttack, who shall do well to conclude the proceeding in C.P. No.632 of 2024 at the earliest, preferably by end of December, 2026.

Urgent certified copy of this Judgment be granted on proper application as per rules.