Neelamadhab Sahoo Vs Mamina Mahana

This Transfer Petition (Criminal) has been filed by the Petitioner-husband seeking transfer of C.M.C. No.36 of 2024 filed under Section 144 of the Bhratiya Nagarika Surakhya Sanhita (BNSS), 2023 at the instance of the Opposite Party-wife in the Court of the SubDivisional Judicial Magistrate, Biramaharajpur, Subarnapur to the Court of the learned Judge, Family Court, Bhubaneswar.

¶14

Heard Mr. Sayantan Panda, learned counsel appearing for the petitioner-husband and Ms. Pratyusha Naidu, learned counsel appearing for the opposite party-wife.

¶15

It is submitted by the learned counsel for the petitioner that C.M.C. No.36 of 2024, filed by the opposite party-wife under Section 144 of the Bhratiya Nagarika Surakhya Sanhita (BNSS), 2023 before the learned Sub-Divisional Judicial Magistrate, Biramaharajpur for a direction to the petitioner-husband to grant maintenance to her and criminal case being G.R. Case No.721 of 2024 pending in the files of the learned S.D.J.M., Biramaharajpur, arising out of Subalaya P.S. Case

¶16

Page 1 of 4

¶17

No.236 dated 12.11.2024 for commission of offences punishable under Sections 498, 294, 323 and 506/34 of IPC read with Section 4 of the Dowry Prohibition Act are pending. It is further submitted by him that since the parents of the petitioner-husband are senior citizens and are suffering from old age ailments, it causes inconvenience for the petitioner-husband to move from Khordha to Biramaharajpur on each date of proceeding.

¶18

Ms. Pratyusha Naidu, learned counsel appearing for the opposite party-wife raised strong objection for considering transfer of C.M.C. No.36 of 2024 from the Court of the learned Sub-Divisional Judicial Magistrate, Biramaharajpur to the Court of the learned Judge, Family Court, Bhubaneswar. Referring to the medical documents annexed by the petitioner-husband to the transfer petition at Annexure3, she has pointed out that those documents are of the year 2023 and the same does not reflect that the mother of the petitioner is a paralytic patient. In such view of the matter, she has vehemently contended that since the averment of the petitioner is not supported by evidence on record, the transfer petition is liable for rejection and, as such, this transfer petition warrants no indulgence.

¶19

5.1. Though it is well settled vide N.C.V. Aishwarya Vrs. A.S. Saravana Karthik Sha, 2022 SCC Online SC 1199 that given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer, and, while considering the argument of the husband opposing the transfer on the ground that it was equally inconvenient for him to travel a distant place and that he would be willing to pay the expenses for the wife’s travel to the Court to attend proceeding, it is held in

¶20

Page 2 of 4

¶21

Rajani Kishor Pardeshi Vrs. Kishor Babulal Pardeshi, (2005) 12 SCC 237 that in these type of matters, the convenience of the wife would be preferred over the convenience of the husband, the Hon’ble Supreme Court of India in Preeti Sharma Vrs. Manjit Sharma, (2005) 11 SCC 535 , has been pleased to make the following observation:

¶22

“Merely because the petitioner is a lady does not mean she cannot travel to Mazaffar Nagar. At the highest she can be paid expenses for travel and stay. We, therefore, direct that the respondent shall pay to the petitioner and a companion travel and stay expenses on every occasion that the petitioner is required to go to Muzaffar Nagar. The Court at Muzaffar Nagar shall ensure that such payment is made to the petitioner on every occasion. With these directions, the transfer petitions are dismissed.”

¶23

Considered the rival contentions and arguments advanced by the learned counsel for both sides. Except for stating that the father is very old and suffering from old age ailments and his mother is paralytic patient, there is no other ground stated with regard to inconvenience of the petitioner-husband in attending the Courts in the aforesaid proceedings. There is no material on record to show incapacity of the petitioner-husband to travel from Khordha to Biramaharajpur for attending the Court proceeding before the learned Court where the aforementioned cases are stated to be pending. It is by now well settled that the convenience of the opposite party-wife is paramount consideration. Having taken into consideration the economic condition of both the parties, earning capacity of the petitioner-husband, convenience of the opposite party-wife and physical health condition, as stated in the petition, this Court declines to show any indulgence for transfer of the aforesaid Criminal Proceeding in CMC No.36 of 2024

¶24

Page 3 of 4

¶25

from the Court of the learned SDJM, Birmaharajpur to the Court of the learned Judge, Family Court, Bhubaneswar. However, liberty is granted to the petitioner to seek permission of the Court concerned to appear through virtual mode. It is made clear that the Court below shall not insist upon the personal attendance of the petitioner unless absolutely necessary.

¶26

With the aforesaid order, this TRPCRL stands dismissed. 8. In view of the aforesaid order, pending I.A., if any, shall stand dispose of.

¶27

Registry is instructed to communicate a copy of this order to the learned S.D.J.M., Biramaharajpur forthwith.

¶28

(M.S. Raman) Judge

¶29

MRS

¶30

Signature Not Verified

¶31

Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Apr-2025 19:41:06

¶32

Page 4 of 4

Neelamadhab Sahoo v. Mamina Mahana

Case brief

What is this about?

What did the court decide?

Neelamadhab Sahoo v. Mamina Mahana

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Siba Narayan Vs Rajalaxmi Panda

Murshed Alli Saha Vs Sakina Bibi

Balaram Naik Vs State and Ors.

Smitarani Seet Vs Rajeev Ranjan Seth

Rajashree Rout @ Gantayat Vs Pabitra Mohan Rout

Dibyajyoti Behera Vs Deepanwita Sahoo