Abhimanyu Sahoo Vs Sanghamitra Panda — Maintenance and Alimony | Orissa HC (2026)

Abhimanyu Sahoo Vs Sanghamitra Panda — Maintenance and Alimony | Orissa HC (2026)

What the court decided

AI extract

Outcome

No transfer granted; the transfer prayer was rejected. The petitioner was directed to move the court in seisin of C.R.P. Case No. 311 of 2025 for ICT facilities (virtual court/virtual hearing), to be extended in accordance with law to either party; copy of the order to be forwarded to the learned Judge, Family Court, Bhadrak to be tagged to the file.

Issue for consideration

Whether C.R.P. Case No. 311 of 2025, the petition under Section 144 of the BNSS filed by the opposite party-wife before the learned Judge, Family Court, Bhadrak, should be transferred to the court of learned Judge, Family Court, Cuttack. +1 more

Court's answer

The prayer for transfer is assessed against the clear statutory mandate of Section 145 of the 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.

Ratio / Principle

The prayer for transfer of the petition under Section 144 of the BNSS (C.R.P. Case No. 311 of 2025) from the court of learned Judge, Family Court, Bhadrak to the court of learned Judge, Family Court, Cuttack is rejected.

Key takeaways

To utilize ICT facilities such as virtual court/virtual hearing, the petitioner shall move the court in seisin of the matter; if such a prayer is made, the Court shall pass orders in accordance with law for extending the ICT facilities for conducting hearing of the case to either of the parties.ratio¶24

Detailed headnote1 paragraphs

Transfer petition (TRPCRL No.3 of 2026) under section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the petitioner-husband (Abhimanyu Sahoo) seeking transfer of C.R.P. Case No. 311 of 2025 - a petition under Section 144 of the BNSS filed by the opposite party-wife (Sanghamitra Panda), who gave her address at Bhadrak - from the learned Judge, Family Court, Bhadrak to the learned Judge, Family Court, Cuttack, was rejected in view of the clear statutory mandate of Section 145 of the 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. On the petitioner's submission that he may be allowed to utilize the ICT facility, the Court held that for utilizing facilities such as virtual court/virtual hearing the petitioner shall move the court in seisin of the matter, which shall pass orders in accordance with law for extending ICT facilities for conducting hearing to either of the parties. The petition stands disposed of, with a copy of the order to be forwarded to the learned Judge, Family Court, Bhadrak to be tagged to the file of C.R.P. Case No. 311 of 2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRPCRL No.3 of 2026

Abhimanyu Sahoo

Petitioner

Ms. Saraswati Senapati, Advocate

-versus-

Sanghamitra Panda

…. Opp. Party

CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

02.02.2026

Order No.

(Hybrid Mode)

02. 1 . The petition has been filed under section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for transferring C.R.P. Case No. 311 of 2025 filed by the opposite party-wife in the marriage before the learned Judge, Family Court, Bhadrak. It is submitted that the petitioner-husband in the marriage works as teacher at Charinangal High School, Balichandrapur in the district of Jajpur though his permanent address is at Saudia (Balikuda),PS-Balichandrapur in the district of Jajpur.

2. 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

Page 1 of 3

(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”

3 . On being asked whether the provision in Section 145 of the BNSS regarding place of initiating the proceeding is in any manner has been violated, the learned counsel for the petitioner fairly submits that it is not disputed that the wife has given her address at Bhadrak in the C.R.P. petition under Section 144 of the BNSS, which has been filed before the learned Judge, Family Court, Bhadrak having jurisdiction.

4. 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. C.R.P. Case No. 311 of 2025 from the court of learned Judge, Family Court, Bhadrak to the court of learned Judge, Family Court, Cuttack is rejected.

5. The learned counsel for the petitioner submits that the petitioner-husband may be allowed to utilize the Information and Communication Technology (ICT) facility available.

6. For utilizing the facility such as virtual Court, virtual hearing etc. the petitioner shall move the court in seisin of the matter. If any such prayer is made, the Court shall pass orders in accordance with law for extending the ICT facilities for conducting hearing of the case, to either of the parties.

Page 2 of 3

7. The petition stands disposed of. Copy of this order shall be forwarded to the learned Judge, Family Court, Bhadrak to be tagged to the file of C.R.P. Case No. 311 of 2025.

(Mruganka Sekhar Sahoo) Judge

Jyotsna

Signature Not Verified

Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: ohc Date: 03-Feb-2026 11:43:11

Page 3 of 3