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In a recent development, the Supreme Court intervened to provide relief to a litigant facing health challenges, staying an order from the Calcutta High Court that directed their personal appearance. The Vacation Bench, comprising Justices Dipankar Datta and Satish Chandra Sharma, raised questions regarding the necessity of the Calcutta High Court’s directive for the litigant’s physical presence, particularly in light of available virtual hearing options.

Expressing perplexity over the insistence on physical appearance despite technological advancements enabling virtual participation,  A marital dispute—deeming it unnecessary to summon both litigants, especially considering the health condition of one petitioner who recently underwent an organ transplant.

The Court underscored the potential hardship imposed on the petitioners, particularly petitioner no.2, for whom travel from Mumbai to Kolkata posed significant health risks. Additionally, the order for the physical appearance of petitioner no.1, who had previously appeared in person, raised further concerns.

Recognizing the need for judicious discretion in court proceedings, the Supreme Court stayed the operation of the Calcutta High Court’s order mandating the litigants’ personal appearance and granted them liberty to participate in the proceedings virtually. This decision underscores the importance of accommodating health concerns while ensuring access to justice in legal proceedings.

Written by- Pradyumn sharma.

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