KRISHNA VENI NAGAM versus HARISH NAGAM

Citation: [2017] 5 S.C.R. 513 · Decided: 09-03-2017 · Supreme Court of India · Bench: ADARSH KUMAR GOEL · Disposal: Disposed off

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Judgment (excerpt)

[2017] 5 S.C.R. 513 
KRISHNA VEN! NAGAM 
v. 
HARISH NAGAM 
(Transfer Petition (C) No. 1912 of2014) 
MARCH 09, 2017 
[ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] 
Supreme Court - Directions - Transfer Petition - Alternative 
A 
8 
to transfer of proceedings - Matrimonial matters and custody -
Defendants/respondents located outside the jurisdiction of the court C 
where the proceedings are instituted - Held: The court, where 
proceedings are instituted, may'examine incorporating safeguards 
for ensuring that summoning of defendant/respondent does not 
result in denial of justice - Order incorporating such safeguards 
may be sent along with the summons which are: (i) availability of 
video conferencing facility; (ii) availability of legal aid service; 
(iii) deposit of cost for travel, lodging and boarding in terms of 
Or.XXV CPC; (iv) e-mail address/phone number, if any, at which 
litigant from out station may communicate - Code of Civil 
Procedure,1908 - Or.XXV, s.25 ~Administration of Justice - Hindu 
Marriage Act, 1955 - ss.13 and 19. 
D 
E 
Constitution of India - Art.39-A -
Ignorance of parties about 
availability of legal services - Held: Legal aid committee of every 
district ought to make available selected panel of advocates whose 
discipline and quality can be suitably regulated and who are ready 
to provide legal aid at a specified fee - Such panels ought to be 
notified on the websites of the legal service authorities. 
Transfer Petition - Respondent-husband filed divorce petition 
F 
at Jabalpur, Madhya Pradesh - Petitioner- wife sought tramfer of 
case from Family court, Jabalpur, Madhya Pradesh to Family court, 
Hyderabad, Andhra Pradesh - Held: In instant case, since matter 
pending for about three years, prayer for transfer allowed - If G 
parties seek mediation the transferee court may explore the 
possibility of an amicable settlement through mediation - Transferee 
court may conduct the proceedings or record evidence of the witness 
who are unable to appear in court by way of video conferencing. 
H 
513 
514 
A 
B 
c 
SUPREME COURT REPORTS 
[2017] 5 S.C.R. 
Disposing of the transfer petition, the Court 
HELD: 1. The doctrine of forum non conve11iens can be 
applied in matrimonial proceedings for advancing interest of 
justice. Under the said doctrine, the court exercises its inherent 
jurisdiction to stay proceedings at a forum which is considered 
not to be convenient and there is any other forum which is 
considered to be more convenient for the interest of all the parties 
at the ends of justice. However, transfer of proceedings is not 
always a solution acceptable to both the parties. It may be 
appropriate that available technology of video conferencing is 
used where both the parties have equal difficulty and there is no 
place which is convenient to both the parties. [Paras 13, 14) (520-
G-H; 521-A; 522-B) 
2. The advancement of technology ought to be utilized also 
for service on parties or receiving communication from the 
parties. Every district court must have at least one e-mail ID. 
D Administrative instructions for directions can be issued to permit 
the litigants to access the court, especially when litigant is located 
outside the local jurisdiction of the Court. A designated officer/ 
manager of a district court may suitably respond to such e-mail in 
the manner permitted as per the administrative instructions. 
E 
Similarly, a manager/information officer in every district court may 
be accessible on a notified telephone during notified hours as 
per the instructions. These steps may, to some extent, take care 
of the problems of the litigants. These suggestions may need 
attention of the High Courts. [Para 16) (522-F-H; 523-A) 
F 
G 
H 
3. It is necessary to issue certain directions which may 
provide alternative to seeking transfer of proceedings. It is 
therefore directed that in matrimonial or custody matters or in 
proceedings between parties to a marriage or arising out of 
disputes between parties to a marriage, wherever the defendants/ 
respondents are located outside the jurisdiction of the court, the 
court where proceedings are instituted, may examine whether it 
is in the interest of justice to incorporate any safeguards for 
ensuring that summoning of defendant/respondent does not result 
in denial of justice. Order incorporating such safeguards may be 
sent along with the summons. The safeguards can be: (i) 
Availability of video conferencing facility; (ii) Availabili

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