Priyadarshini Nandy Vs Ashish Kumar Nayak

1 . The petitioner-wife in the marriage is before this Court seeking transfer of the C.P. No.1271/2024 from the Court of learned Family Judge-II, Bhubaneswar to the learned Judge, Family Court, Bhadrak. The C.P. has been initiated by her invoking the provisions of Section 27 of the Special Marriage Act, 1954 with a prayer for grant of decree of divorce.

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2. To support the prayer seeking transfer, it is submitted that application filed by the petitioner U/s.12 of the Protection of Women from Domestic Violence Act, 2005 i.e. DV Misc. Case No.255 of 2024 is pending before the learned SDJM, Bhadrak. It is further submitted that CR.P. No.348 of 2024 filed by the petitioner-wife U/s.144 of BNSS, 2023 is pending before the learned Judge, Family Court, Bhadrak.

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It is further submitted that certain other cases under the provisions of Bharatiya Nyaya Sanhita, 2023 are also pending before different courts at Bhadrak. It is submitted the petitioner stays at Bhadrak with her parents after her marriage has run unto rough weather.

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3. Opposing the prayer for transfer of the petition, it is submitted by learned counsel Mr. Sahoo appearing on behalf of learned counsel for opposite party that provisions contained in Section 9 of the CPC, and Section 19 of the Hindu Marriage Act, 1955 would lead to a conclusion that the Court at Bhubaneswar has jurisdiction. It is further submitted that the provisions contained in Section 24 of the CPC makes it clear that this Court has to consider “convenience of parties” while considering transfer application.

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4. In considered opinion of this Court, the contentions raised by Mr. Sahoo, learned counsel appearing for the opposite party are correct. The Constitutional Court cannot look for convenience of one of the parties.

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However, taking a sympathetic view, it is directed that the C.P. No.1271 of 2024 pending before the learned Judge, Family Court-II, Bhubaneswar shall be transferred to the court of learned Judge, Family Court, Bhadrak at the stage which it is now.

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5. The petitioner-wife has to accept consequences that now the petition becomes registered as a petition of the year 2026 and will have its own priority before the new Court. The parties are directed to cooperate before the learned Judge, Family Court, Bhadrak for effective hearing and completion of the proceeding.

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6. It is submitted by Mr. Sahoo appearing for the opposite party that the opposite party may be allowed the benefit of various ICT facilities for appearing before the learned Judge, Family Court, Bhadrak. 7. Accordingly, it is further directed the parties to the proceeding, if so advised may approach the learned Judge, Family Court for extending them the available ICT facility. Upon such application being made by the parties appropriate orders shall be passed in accordance with law.

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8. This Court before parting with the case puts on record its appreciation for the efforts made by the learned counsel for the parties in helping to arrive at a acceptable result for both the parties in a matter, which is pending since 2025 and proceeding in the CP which is of the year 2024 has been stalled.

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9. With the aforesaid directions and observations the

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petition is disposed of.

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(Mruganka Sekhar Sahoo)

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Orissa High Court, Cuttack The 18^th March, 2026/Radha

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Signature Not Verified