TACR/280/2026 of VAIBHAV DHAMA Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 280 of 2026 Court No. - 73 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present transfer application has been filed for transfer of Case No. 1853 of 2025 (Vaibhav Dhama Vs. Smt. Babita Dhama @ Babita Rani) under Section 145(2) of B.N.S.S., Police Station Subhash Nagar, District Bareilly and Case No. 2572 of 2025 (Smt. Babita Dhama @ Babita Rani Vs. Vaibhav Dhama) under Section 144(3) of B.N.S.S., Police Station Subhash Nagar, District Bareilly, pending in the court of Additional Principal Judge, Family Court, Court No. 3, Bareilly as well as Case No. 1456(1453) (Smt. Babita Dhama @Babita Rani Vs. Vaibhav Dhama) under Section 144(3) of B.N.S.S., Police Station Subhash Nagar, District Bareilly, from District Judiciary Bareilly to any other District Court of competent jurisdiction. 3. Learned counsel for the applicant submits that the applicant is the husband and is working in the Air Force and the maintenance proceedings have been drawn by the wife against the applicant in respect of which recall application has been filed by the applicant pending consideration. The applicant on account of posting in various places is not able to participate in the proceedings of the court concerned and as such the transfer application is filed. Learned counsel for the applicant further submits that ends of justice would be served in the event applicant is permitted to appear before the court concerned through video conferencing.  4. This Court in Transfer Application (Criminal) No. 282 of 2021 (Smt. Sunita Devi Vs. State of U.P. and another), decided on 2nd August, 2022, has recognized the right of the litigant to participate in the judicial proceedings through video conferencing facility in pursuance to the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 (for brevity hereinafter referred to as "Rules of 2020"). Versus Counsel for Applicant(s) : Shivanshu Singh, U.C. Chaturvedi Counsel for Opposite Party(s) : G.A. Vaibhav Dhama .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Comprehensive rules have been put in place to adopt the technology in judicial proceedings in order to enable the litigants to approach the court through digital mode. The Rules of 2020 gives choice to the litigant to approach court using digital technology. Various checks and balances have been provided under the aforesaid Rules of 2020 to protect the sanctity of the judicial process. 6. The Rules of 2020 effectively address the concern of the litigants including the distance factor, threat perception and convenience. Once the Rules of 2020 have been notified in exercise of powers under Article 225 and 227 of the Constitution of India, for providing video conferencing facility to the litigant in the Courts and such an alternative channel will be able to address the concerns of the litigant as has been raised in the present transfer application. No ground for transfer of the case from one district to another is made out in view of the law laid down in Transfer Application (Criminal) No. 282 of 2021 (Smt. Sunita Devi Vs. State of U.P. and another), decided on 2nd August, 2022. 7. Under the circumstances, the present transfer application is disposed of with the liberty to the applicant to apply under Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 for video conference facility in judicial proceedings. It is hereby provided that in case any application is preferred by the applicant under the aforesaid Rules, the court/authority concerned shall be obliged under law to pass an appropriate order in accordance with law at the earliest. It is hereby directed that all courts and authorities shall act in aid of the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020. May 5, 2026 VMA TACR No. 280 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad