[Cites 5, Cited by 0]
Orissa High Court
Priyadarshini Nandy vs Ashish Kumar Nayak ... ... Opp. Party on 18 March, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRPC No. 33 of 2025
Priyadarshini Nandy ... ... Petitioner
-Versus-
Ashish Kumar Nayak ... ... Opp. Party
Advocates appeared in this case:
For Petitioner: Mr. S.S.K. Nayak, Advocate
For Opp. Party: Mr. J. Sahoo, Advocate on behalf of
Mr. P.K. Behera, Advocate
CORAM:
THE HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
JUDGMENT
----------------------------------------------------------------------------------------------------------
Date of hearing and judgment: 18th March, 2026
----------------------------------------------------------------------------------------------------------
PER MRUGANKA SEKHAR SAHOO, J.
1. The petitioner-wife in the marriage is before this Court
seeking transfer of the C.P. No.1271/2024 from the Court of
learned Family Judge-II, Bhubaneswar to the learned
Judge, Family Court, Bhadrak. The C.P. has been initiated
by her invoking the provisions of Section 27 of the Special
Marriage Act, 1954 with a prayer for grant of decree of
divorce.
2. To support the prayer seeking transfer, it is submitted
that application filed by the petitioner U/s.12 of the
Protection of Women from Domestic Violence Act, 2005 i.e.
DV Misc. Case No.255 of 2024 is pending before the learned
SDJM, Bhadrak. It is further submitted that CR.P. No.348
of 2024 filed by the petitioner-wife U/s.144 of BNSS, 2023
is pending before the learned Judge, Family Court,
Bhadrak.
It is further submitted that certain other cases under
the provisions of Bharatiya Nyaya Sanhita, 2023 are also
pending before different courts at Bhadrak. It is submitted
the petitioner stays at Bhadrak with her parents after her
marriage has run unto rough weather.
3. Opposing the prayer for transfer of the petition, it is
submitted by learned counsel Mr. Sahoo appearing on
behalf of learned counsel for opposite party that provisions
contained in Section 9 of the CPC, and Section 19 of the
Hindu Marriage Act, 1955 would lead to a conclusion that
the Court at Bhubaneswar has jurisdiction. It is further
submitted that the provisions contained in Section 24 of the
CPC makes it clear that this Court has to consider
"convenience of parties" while considering transfer
application.
4. In considered opinion of this Court, the contentions
raised by Mr. Sahoo, learned counsel appearing for the
opposite party are correct. The Constitutional Court cannot
look for convenience of one of the parties.
However, taking a sympathetic view, it is directed that
the C.P. No.1271 of 2024 pending before the learned Judge,
Family Court-II, Bhubaneswar shall be transferred to the
court of learned Judge, Family Court, Bhadrak at the stage
which it is now.
5. The petitioner-wife has to accept consequences that
now the petition becomes registered as a petition of the year
2026 and will have its own priority before the new Court.
The parties are directed to cooperate before the learned
Judge, Family Court, Bhadrak for effective hearing and
completion of the proceeding.
6. It is submitted by Mr. Sahoo appearing for the opposite
party that the opposite party may be allowed the benefit of
various ICT facilities for appearing before the learned Judge,
Family Court, Bhadrak.
7. Accordingly, it is further directed the parties to the
proceeding, if so advised may approach the learned Judge,
Family Court for extending them the available ICT facility.
Upon such application being made by the parties
appropriate orders shall be passed in accordance with law.
8. This Court before parting with the case puts on record
its appreciation for the efforts made by the learned counsel
for the parties in helping to arrive at a acceptable result for
both the parties in a matter, which is pending since 2025
and proceeding in the CP which is of the year 2024 has
been stalled.
9. With the aforesaid directions and observations the
petition is disposed of.
(Mruganka Sekhar Sahoo)
Judge
Orissa High Court, Cuttack
The 18th March, 2026/Radha
