[Cites 5, Cited by 0]
Orissa High Court
Satyabrata Sahoo vs Pabhasini Sahoo & Another ... ... Opp. ... on 9 April, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRPC No. 36 of 2025
Satyabrata Sahoo ... ... Petitioner
-Versus-
Pabhasini Sahoo & another ... ... Opp. Parties
Advocates appeared in this case:
For Petitioner : Mr. Biswajit Pasayat, Advocate
For Opp. Parties: Mr. Saurav Tibrewal,, Advocate
CORAM:
THE HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
JUDGMENT
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Date of hearing and judgment: 9th April, 2026
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PER MRUGANKA SEKHAR SAHOO, J.
1. The petitioner-husband in the marriage is before this
Court and has filed application under Section 447 of the
Bharatiya Nagarika Suraksha Sanhita, 2023 seeking
transfer of the criminal proceeding, i.e., C.M.C. No.29 of
2025 filed by the opposite party-wife pending before the
learned Judge, Family Court, Bargarh to the Court of
learned Judge, Family Court, Bhubaneswar. The said
proceeding has been initiated under Section 144 of the
BNSS, 2023 by the wife in the marriage seeking monthly
maintenance from the husband.
Due to pendency of the present proceeding, the
proceeding before the learned Judge, Family Court, Bargarh
has been interdicted as prayer for adjournment to be sought
for before the learned Judge, Family Court was allowed by
interim order of this Court dated 19.06.2025.
2. Learned counsel for the Petitioner is heard at length
and learned counsel for the Opposite Parties also responded
in brief.
3. The territorial jurisdiction under which the application
under Section 144 of BNSS, 2023 can be filed has been
provided in the BNSS, i.e. Section 145. The corresponding
Sections in the Cr.P.C. were Section 125 & Section 126
respectively. For convenience of reference Section 145 of
BNSS, 2023 is reproduced herein.
"145. Procedure.-- (1) Proceedings under section 144
may be taken against any person in any district--
(a) where he is; or
(b) where he or his wife resides; or
(c) where he last resided with his wife, or as the case
may be, with the mother of the illegitimate child; or
xxx xxx xxx"
4. It is submitted by the learned counsel for the Petitioner
that the Petitioners before the learned Judge, Family Court,
Bargarh, who are the present Opposite Parties in the present
application reside at Bhubaneswar. In considered opinion by
this Court that would be a matter of evidence and pleading
before the learned Family Court, whether it would be an
issue before the learned Judge, Family Court is beyond
purview of the present application.
5. In view of the specific provisions contained in Section
145 of BNSS, 2023 the wife has a choice of filing of an
application where she wants and the Section itself provides
that a proceeding under Section 144 of BNSS, 2023 can be
initiated against any person in any district.
6. It is submitted by learned counsel for the Opposite
Parties that the averments made in the petition as well as
the submissions made to support the prayer for transfer of
the application are not correct. The wife opposite party has
been harassed a lot. She has gone through immense
difficulties and she has sought for intervention of Court to
seek maintenance. The place of the initiation of the
proceeding is in accordance with Section 145 of the BNSS,
2023. Therefore, he prays that the application be dismissed.
7. Having considered the rival contentions and
considering the provisions contained in Section 145 of
BNSS, 2023, in considered opinion of this Court, the
application under Section 144 of BNSS, 2023 can be filed at
the place where the wife wishes to file, i.e., at Bargarh. The
prayer for transfer of the same on different grounds as
contended such as convenience of the husband at
Bhubaneswar and the minor child prosecuting at
Bhubaneswar are not relevant considerations.
8. Accordingly, the petitioner has to be and is rejected.
9. However, it is observed that if the parties before the
learned Judge, Family Court, Bargarh are so advised they
can make application before the leaned Court for appearing
by utilizing the Information and Communication Technology
(ICT) facility if available, such as virtual hearing from remote
location, etc. In case such application is made before the
learned Court in seisin of the matter, the same shall be
considered and appropriate order shall be passed in
accordance with law.
Copy of this order shall be forwarded by the Registry to
the learned Judge, Family Court, Baragarh to be kept in the
file of C.M.C. No.29 of 2025.
(Mruganka Sekhar Sahoo)
Judge
Orissa High Court, Cuttack
The 9th April, 2026 / Amit
Location: HIGH COURT OF ORISSA, CUTTACK
