TRPCRL No.34 of 2025 Page 1 of 5

IN THE HIGH COURT OF ORISSA, CUTTACK

TRPCRL No.34 of 2025

CNR No. ODHC010300852025

Sanjulata Behera & anr. ....... Petitioners

-Versus-

Priyanka Behera ....... Opposite Party

For Petitioner : Mr. D. Barik, Advocate

For Opposite Party : Mr. B.P. Tripathy,

Sr. Advocate

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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Date of Hearing & Judgment: 21.09.2026

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S.K. MISHRA, J.

1. Mr. R. Achary, learned Counsel for the Opposite P arty

files a Memorandum, duly executed in favour of Mr. B.P.

Tripathy, learned Senior Counsel, to plead on behalf of the sole

Opposite Party, which is taken on record.

2. The present transfer petition has been preferred

under Section 407 of the Code of Criminal Procedure ,

corresponding to Section 447 of BNSS 2023, for tran sfer of

Proceeding in CMC No.1409 of 2024, pending in the C ourt of

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learned JMFC(II), Bhubaneswar, Khordha to the Court of learned

JMFC (Cog.III), Cuttack, on the grounds detailed in the transfer

petition.

3. The Opposite Party, who is the Petitioner in CMC

No.1409 of 2024, initiated under Section 12 of the Protection of

Women from Domestic Violence Act, 2005, shortly, D. V. Act,

2005, has filed her Objection opposing to such pray er for

transfer.

4. Since pleadings are complete, on consent of the

learned Counsel for the parties, the transfer petition is taken up

for hearing and disposal at the stage of admission.

5. Reiterating the grounds urged in the transfer pet ition,

learned Counsel for the Petitioner submits, the Petitioner No.1,

who is the mother-in-law of the Opposite Party, is now suffering

from Cancer and is being treated at Mumbai. To attend his old

and ailing mother, the Petitioner No.2, who is the husband of the

sole Opposite Party, is also, at present stationed at Mumbai,

which is causing immense difficulty for both of them to appear in

the proceeding in CMC No.1409 of 2024, now pending before the

learned JMFC (II), Bhubaneswar.

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6. He further submits, though the Opposite Party, at

present, is staying at Dwaraka Vihar, Kalarahanga u nder

Infocity P.S., Patia, Bhubaneswar, but she was residing in village

Kantapatana, PS: Baranga in the district of Cuttack, where her

paternal house is situated. She can very well appear before the

Court of learned JMFC (Cog.III), Cuttack, if the proceeding in

CMC No.1409 of 2024 is transferred to Cuttack.

7. Per contra, Mr. Tripathy, learned Senior Counsel for

the Opposite Party submits, the Opposite Party is a deserted

lady. Though she was staying at village Kantapatana, having no

source of income, she is at present staying with her old ailing

parents at Dwaraka Vihar, Kalarahanga under Infocit y P.S.,

Patia, Bhubaneswar, to which place they have shifte d and is

dependent on them for her livelihood.

8. He further submits, the Petitioner is working as a

Senior Scientific Officer (E) at Mumbai Under Bhaba Atomic

Energy Centre and is residing at Mumbai in the addr ess, as

detailed in Paragraph No.13 of the Objection. Hence, such a plea

taken in the transfer petition is to mislead this Court and harass

the Opposite Party-wife by transferring the proceed ing to

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Cuttack, though he is admittedly serving in Bhaba A tomic

Energy Centre and residing at Mumbai.

9. Mr. Tripathy, learned Senior Counsel further

submits, if the Petitioners have any difficulty to appear in the

proceeding before the Court at Bhubaneswar, they may very well

pray the learned Court below to permit them to appear through

virtual mode, which would be a just and proper relief, as prayed

in the transfer petition.

10. Mr. Tripathy submits, CMC No.1409 of 2024, being

initiated under Section 12 of the D.V. Act, 2005, the Petitioners

can very well appear though their lawyers. They are not required

to attend the proceeding in CMC No.1409 of 2024 physically on

each date.

11. After taking into consideration the pleadings on

record, the submissions made by the learned Counsel for the

parties, settled position of law, this Court is not inclined to allow

the prayer for transfer of proceeding in CMC No.1409 of 2024

from Bhubaneswar to Cuttack, as prayed for.

12. Accordingly, the transfer petition stands dismiss ed.

13. It is made clear that, dismissal of the transfer petition

shall not be a bar for the Petitioners, who are the Opposite

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Parties in CMC No.1409 of 2024, to approach the learned Court

below to allow them to appear through virtual mode, if so

advised.

14. It is made further clear that, if such an application is

moved, this Court is hopeful that the learned Court below shall

do well to allow them to appear through virtual mod e at

appropriate stage, following due procedure, as prescribed under

the High Court of Orissa and District Courts Use of Electronic

Communication and Audio-Video Electronic Means Rule s, 2025.

15. Accordingly, the I.A. No.37 of 2025 also stands

disposed of.

16. Urgent certified copy be granted on proper

application.

….………..……………

S.K. Mishra, J.

Orissa High Court, Cuttack.

Dated, 21

st September, 2026/ Sipra