IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.11 of 2026 Gunanidhi Jena …. Petitioner K. Behera, Advocate -versus- Annapurna Jena …. Opp. Party CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 12.03.2026 (Hybrid Mode) 01. 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 petition i.e. CRL.P. No.167 of 2025 filed by the opposite party-wife pending before the learned Judge, Family Court, Khordha. 2. Copy of the said petition filed before the Learned Family Court annexed to the present petition marked as Annexure-1 is in vernacular Odia. This Court being able to go through the same and understand the contents, the matter is taken up. Apparently, the said petition is filed under Section 144 of BNSS, 2023 seeking monthly maintenance @ Rs.20,000/- per month. 3. To substantiate the prayer for transfer of the matter, the learned counsel for the petitioner submits that the petitioner-husband who is the opposite party is a daily wager, he stays at Gadamugasira, P.S. Chandanpur in the district of Puri and he has difficulty in attending the case at Khordha. 4. Learned counsel for the petitioner was asked to respond to the provisions contained in section 145 of the BNSS which are 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” 5. On being asked whether the provision in Section 145 of the BNSS regarding place of initiating the proceeding in any manner has been contravened, the learned counsel for the petitioner fairly submits that it is not disputed that the wife has given her address at Khordha in the CRL.P. petition under Section 144 of the BNSS, which has been filed before the learned Judge, Family Court, Khordha having jurisdiction. 6. In view of the clear statutory mandate as provided in Section 145 of the BNSS, the prayer for transfer of the petition under Section 144 of the BNSS i.e. CRL. P. No. 167 of 2025 from the court of learned Judge, Family Court, Khordha to the court of learned Judge, Family Court, Puri is rejected. 7. The learned counsel for the petitioner submits that the petitioner-husband may be allowed to utilize the Information and Communication Technology (ICT) facility if available. 8. For utilizing the facility such as virtual Court, virtual hearing etc. the petitioner if so advised shall move the Learned Court in seisin of the matter. If any such prayer is made, the Learned Court shall pass orders in accordance with law for extending the ICT facilities for conducting hearing of the case, to either of the parties. 9. The petition stands disposed of. Copy of this order shall be forwarded to the learned Judge, Family Court, Khordha to be kept in the file of CRL.P. Case No.167 of 2025. (Mruganka Sekhar Sahoo) Judge Jyotsna