Orissa High Court
TRP(C)/402/2024 of SANGEETA BEHERA Vs SARTHAK SAMAL on 8 May 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.402 of 2024 Sangeeta Behera …. Petitioner Mr. Pabitra Kumar Nayak, Advocate -versus- Sarthak Samal …. Opp. Party Mr. Ashok Kumar Behera, Advocate Along with Mr. J. Swain, Advocate CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.402 of 2024
Sangeeta Behera
….
Petitioner
Mr. Pabitra Kumar Nayak, Advocate
-versus-
Sarthak Samal
….
Opp. Party
Mr. Ashok Kumar Behera, Advocate
Along with
Mr. J. Swain, Advocate
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
08.05.2026 (Hybrid Mode)
03.
1. The petitioner-wife in the marriage is before this Court seeking transfer by filing application under section 447 of BNSS, 2023 of Civil Proceeding No.368 of 2024 pending before the learned Judge, Family Court, Jajpur to the Court of learned Judge, Family Court, Rourkela.
2. The said Civil Proceeding has been initiated by the husband in the marriage under section 13(1)(i-a) (i-b) of the Hindu Marriage Act seeking dissolution of marriage and decree of divorce between the parties. The marriage was solemnized on 29.11.2019.
3. Supporting the prayer made in the application, it is submitted by the learned counsel for the petitioner that there are three cases between the parties i.e. G.R. Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: OHC Date: 14-May-2026 20:13:24 Signature Not Verified case No.335 of 2023 corresponding to Mahila P.S. case No.05 of 2023, Crl. Misc. Case No.233 of 2023 pending before the S.D.J.M., Panposh, Rourkela and Criminal Proceeding No.109 of 2024 pending before the learned Judge, Family Court, Rourkela. Out of which, Criminal Proceeding No.109 of 2024 pending before the learned Judge, Family Court, Rourkela is disposed of.
4. Opposing the prayer for transfer, the learned counsel for the Opp. Party refers to section 17 of the Hindu Marriage Act, Section 7 of the Family Courts Act, sections 9 and 24 of the Civil Procedure Code and submits that in view of the said statutory provisions, the Court at Jajpur has jurisdiction to entertain and accordingly, the matter should continue to be tried at Jajpur.
5. It is submitted by the learned counsel for the petitioner that the distance between Jajpur and Rourkela is substantial i.e. about 500 Kms. The petitioner has been prosecuting thee matters at Rourkela, out of which one has been disposed of and two matters are still pending at Rourkela. She stays with her parents after her marriage has run into rough weather. Accordingly, it is submitted that the prayer for transfer should be allowed.
6. Having heard learned counsel for the parties, in considered view of this Court though the contentions raised by the learned counsel for the Opp. Party are correct and tenable, taking a lenient view, this Court directs transfer of Civil Proceeding No.368 of 2024 pending before the learned Judge, Family Court, Jajpur to the Court of learned Judge, Family Court, Rourkela.
Copy of this order shall be forwarded to the learned Judge, Family Court Jajpur as well as the learned Judge, Family Court, Rourkela.
7. It is submitted by the learned counsel for the Opp. Party that the Opp. Party, if may be allowed to avail the facility of Information and Communication Technology (ICT)/digital facility in the proceeding before the learned Judge, Family Court, Rourkela.
8. It is directed that the parties to the litigation before the learned Court in seisin of Civil Proceeding No.368 of 2024, if so advised, shall make application before the learned Court for extending the facility of ICT such as virtual hearing, deposition etc. Upon making such application, learned Court in seisin of the matter shall pass appropriate orders in accordance with law extending the facility of ICT, if available.
9. The petition is disposed of with the above observations.
(Mruganka Sekhar Sahoo) Judge Rajesh