p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.36 of 2026 Preeti Ranjan Sahoo …. Petitioner Mr. Pranaya Swain, Advocate -versus- Nirupama Sahoo …. Opp. Party CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 02.05.2026 (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. Criminal Proceeding No.208 of 2025 filed by the opposite party-wife pending before the learned Judge, Family Court, Kendrapara. 2. Copy of the petition filed before the learned Family Court is annexed to the present petition marked as Annexure-1. Apparently, the said petition is filed under Section 144(1) of BNSS, 2023 by the wife in the marriage and the child born from the wedlock, seeking monthly maintenance @ Rs.40,000/- per month for the wife and Rs.15,000/- per month for the minor son. p. 2 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 stays at Nimapara Bazar, P.S. Nimapara in the district of Puri and he has difficulty in attending the case at Kendrapara. 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 Kendrapara in the Criminal Proceeding petition under Section 144(1) of the BNSS, which has been filed before the learned Judge, Family Court, Kendrapara having jurisdiction. 6. In view of the clear statutory mandate as provided in Section 145 of the BNSS, the prayer for p. 3 transfer of the petition under Section 144(1) of the BNSS i.e. Criminal Proceeding No. 208 of 2025 from the court of learned Judge, Family Court, Kendrapara to the court of learned Judge, Family Court, Cuttack 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 if available, 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, Kendrapara to be kept in the file of Criminal Proceeding No.208 of 2025. (Mruganka Sekhar Sahoo) Judge Jyotsna