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Gunanidhi Jena v. Annapurna Jena

Orissa HC12 Mar 2026TRPCRL/11/2026

Case brief

AI extract

What is this about?

Orissa HC (Cuttack), TRPCRL No.11 of 2026, order dt. 12.03.2026, Justice Mruganka Sekhar Sahoo. Husband's Sec. 447 BNSS transfer application for wife's Sec. 144 BNSS maintenance petition (Rs.20,000/- p.m., CRL.P. No.167 of 2025) REJECTED; Sec. 145 BNSS venue mandate upheld (initiation permissible where respondent is / wife resides / last cohabitation); wife's address at Khordha; disposed with direction that petitioner may seek ICT/virtual-hearing facilities from the court seized of the matter, to be ordered in accordance with law.

What did the court decide?

No transfer granted; the prayer to transfer CRL.P. No.167 of 2025 to the Family Court, Puri was rejected. The petition stands disposed of, with liberty for the petitioner to approach the court seized of the matter for ICT/virtual-hearing facilities, to be decided by that court in accordance with law.

Gunanidhi Jena Vs Annapurna Jena — Maintenance and Alimony | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether CRL.P. No.167 of 2025 (the wife's Section 144 BNSS maintenance petition) pending before the Family Court, Khordha may be transferred to the Family Court, Puri, given that the petitioner-husband resides at Gadamugasira, P.S. Chandanpur, district Puri, and has difficulty attending at Khordha. +2 more

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Court's answer

The prayer for transfer of CRL.P. No.167 of 2025 (the Section 144 BNSS maintenance petition) from the court of the learned Judge, Family Court, Khordha to the court of the learned Judge, Family Court, Puri is rejected.

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Ratio / Principle

In view of the clear statutory mandate of Section 145 BNSS — under which proceedings under Section 144 may be taken in any district where the person is, where he or his wife resides, or where he last resided with his wife — and the wife having given her address at Khordha with the Family Court, Khordha having jurisdiction, the statutory mandate governed and the Court rejected the transfer prayer on that basis.

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Key takeaways

On the ICT request, the petitioner, if so advised, shall move the learned court seized of the matter (Family Court, Khordha) for utilising facilities such as virtual court/virtual hearing; if any such prayer is made, that court shall pass orders in accordance with law for extending ICT facilities for conducting hearing of the case to either of the parties.ratio¶29

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, TRPCRL No.11 of 2026, order dated 12.03.2026 (Justice Mruganka Sekhar Sahoo): The petitioner-husband, Gunanidhi Jena, sought transfer under Section 447 of the Bharatiya Nagarika Suraksha Sanhita, 2023 of CRL.P. No.167 of 2025 — the opposite party-wife Annapurna Jena's Section 144 BNSS petition seeking monthly maintenance @ Rs.20,000/- per month — from the Family Court, Khordha to the Family Court, Puri, on the ground that he is a daily wager residing at Gadamugasira, P.S. Chandanpur, district Puri, and has difficulty attending at Khordha. Examining Section 145 BNSS (proceedings under Section 144 may be taken in any district where the person is, where he or his wife resides, or where he last resided with his wife), the Court found the filing at Khordha compliant — the wife having given her address at Khordha, with jurisdiction vesting in the Family Court, Khordha — and rejected the transfer prayer as contrary to the clear statutory mandate. The petition stands disposed of, with the petitioner left free to move the court seized of the matter for ICT/virtual-hearing facilities; any such prayer is to be decided by that court in accordance with law, extending ICT facilities to either party. Copy of the order to be forwarded to the learned Judge, Family Court, Khordha for CRL.P. Case No.167 of 2025.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRPCRL No.11 of 2026

Gunanidhi Jena

…. Petitioner

K. Behera, Advocate

-versus-

Annapurna Jena

…. Opp. Party

CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

12.03.2026

Order No.

(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.

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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.

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3 . To substantiate the prayer for transfer of the matter, the learned counsel for the petitioner submits

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Page 1 of 3

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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.

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4. Learned counsel for the petitioner was asked to respond to the provisions contained in section 145 of the BNSS which are reproduced herein:

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“145. Procedure.— (1) Proceedings under section 144 may be taken against any person in — any district

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(a) where he is; or

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(b) where he or his wife resides; or

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(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or

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xxx xxx xxx”

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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.

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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.

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Page 2 of 3

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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.

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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.

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9. The petition stands disposed of.

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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.

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(Mruganka Sekhar Sahoo)

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Judge

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Jyotsna

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Signature Not Verified