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2025 DAILYLAW 5058 (ORI)

JYOTSNARANI GIRI v. ANJALI MOHAPATRA

TRPCRL/25/2025 · 2026-02-05

M S Sahoo

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.25 of 2025 Jyotsnarani Giri and others …. Petitioners Mr. Aparesh Bhoi, Advocate -versus- Anjali Mohapatra …. Opp. Party CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 05.02.2026 (Hybrid Mode) 10. 1. The application under Section 447 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the mother-in-law, father-in-law and husband of the opposite party seeking transfer of Crl. Misc. Case No.494 of 2024 filed by the opposite party-wife in the marriage under section 12 of the Protection of Women from Domestic Violence Act, 2005. 2. As paucity of time intervened, the matter is mentioned by the learned counsel for the petitioners. Learned counsel for the petitioners files memo of date which indicates thus: “The present case may be disposed of as withdrawn with direction to the Trial Court at Rourkela for disposal of the Cril Misc. Case (DV) No.494 of 2024 pending before the learned SDJM p. 2 (P), Rourkela within a short stipulated period without insisting personal appearance of the petitioners expect in the event of unavailable necessity.” The memo is taken on record. Scanned copy be updated. 3. Perusal of the statement made on behalf of the petitioners as contained in the memo indicates that they do not want to press the present application, however as stated in the memo they want early disposal of the application and exemption from personal appearance if not required before the court. 4. In considered opinion of this Court, disposal of the present application would not in any prejudice the opposite party-wife in the marriage who has filed Crl. Misc. Case under Section 12 of D.V. Act. 5. Accordingly, the petition is disposed of. 6. It is further directed that for utilizing the ICT facilities those may be available, such as virtual Court, virtual hearing etc. the petitioners shall move the court in seisin of the matter. If any such prayer is made, the Court shall pass orders in accordance with law for extending the available ICT facilities for conducting hearing of the case, to any of the parties in the D.V. case. p. 3 7. It is further directed that the opposite party- applicant and well as the petitioners shall cooperate with the learned court for expeditious disposal of the matter. (Mruganka Sekhar Sahoo) Judge Jyotsna