TRPCRL No.72 of 2026 Page 1 of 5

IN THE HIGH COURT OF ORISSA, CUTTACK

TRPCRL No.72 of 2026

CNR No. ODHC010679902026

Deepak Maharana @ Dipak Kumar

Maharana ..... Petitioner

-Versus-

Jhili Behera @ Sasmita Behera ..... Opposite Party

For Petitioner : Mr. P.C. Jena, Advocate

For Opposite Party :

----------------------------

CORAM: JUSTICE SANJAY KUMAR MISHRA

--------------------------------------------------------------------------

Date of Hearing & Judgment: 23.09.2026

--------------------------------------------------------------------------

S.K. MISHRA, J.

1. This transfer petition has been preferred by the

Petitioner-Husband under Section 447 of the B.N.S.S .,

2023, read with Section 407 of Cr.P.C., for transfe r of

proceeding in Crl. Misc. Case No.133 of 2025, pending in the

Court of learned S.D.J.M., Athmallik, Angul, to the Court of

learned Judge, Family Court, Angul on the grounds detailed

in the transfer petition.

TRPCRL No.72 of 2026 Page 2 of 5

2. Learned Counsel for the Petitioner, drawing

attention of this Court to the grounds urged in para 5 of the

transfer petition submits, because of the distance, income,

family problems including old aged mother’s ailment, who is

a paralysis patient, it would be difficult on the part of the

Petitioner to travel a long distance of around 200 K.Ms. to

attend the day to day proceeding before the Court of learned

S.D.J.M., Athmallik, Angul.

3. Admittedly, the Opposite Party-Wife has initiated the

said proceeding under Section 144 B.N.S.S. for maintenance

before the learned S.D.J.M., Athmallik, in the district of

Angul.

4. As is revealed from the address statement in the

petition in Crl. Misc. Case No.133 of 2025 as at Annexure-1,

at present, she is residing in village Boinda (Kadalimunda),

Mangalasahi, P.O. Kishoreganj, P.S. Handapa in the district

of Angul, which is the paternal house of the Opposite Party-

Wife. In the present transfer petition, the same address has

been furnished, so far as the Opposite Party-Wife i s

concerned.

TRPCRL No.72 of 2026 Page 3 of 5

5. On being asked, learned Counsel for the Petitioner

submits, the Petitioner, being noticed, in Crl. Misc. Case

No.133 of 2025 has already appeared before the lear ned

S.D.J.M., Athmallik, Angul and also has filed his s how

cause.

6. After hearing learned Counsel for the Petitioner and

the grounds urged in the transfer petition so also as per the

settled position of law, the Opposite Party-Wife, being a

deserted lady, who has preferred Crl. Misc. Case No.133 of

2025 for maintenance in the Court at Athmallik as per her

convenience, this Court is not inclined to entertain the

prayer made in the transfer petition. However, taking into

consideration the alleged difficulty which caused t he

Petitioner-Husband to participate in the day to day

proceeding before learned S.D.J.M., Athmallik, Angul in Crl.

Misc. Case No.133 of 2023, liberty is granted to mo ve

application before the Court below to allow him to appear

through virtual mode with due permission of the concerned

Court, in case he faces any difficulty on any date to appear

physically before the said Court.

TRPCRL No.72 of 2026 Page 4 of 5

7. The learned learned S.D.J.M., Athmallik, Angul is

requested to explore the facility of Video Conferen cing

available in the said Court and allow the Petitioner-Husband

to appear through Video Conferencing mode following the

guidelines prescribed under the “High Court of Orissa and

District Courts Use of Electronic Communication and Audio-

Video Electronic Means Rules, 2025”. However, on the dates

of effective hearing, i.e., for examination and cro ss-

examination of witnesses and other purposes, for which his

presence may be required by the Court and if it is so

ordered, the Petitioner-Husband so also his witness(es), if

any, shall remain physically present before the lea rned

S.D.J.M., Athmallik, Angul.

8. Both the parties are directed not to seek for

unnecessary adjournments and cooperate with the lea rned

S.D.J.M., Athmalik, Angul, who shall do well to conclude the

proceeding in Crl. Misc. Case No.133 of 2023 at the earliest,

preferably by end of March, 2027.

9. With the said observation and direction, the

transfer petition stands disposed of.

TRPCRL No.72 of 2026 Page 5 of 5

10. Office is directed to communicate a copy of this

Judgment to the Court of learned S.D.J.M., Athmalli k,

Angul urgently enabling the said Court to act in terms of the

observations made above.

11. Urgent certified copy of this Judgment be granted

on proper application as per rules.

….………..……………

S.K. Mishra, J.

Orissa High Court, Cuttack.

Dated, 23

rd September, 2026/ Banita