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IN THE HIGH COURT OF ORISSA, CUTTACK
MRUGANKA SEKHAR SAHOO
Ananta Maharana – Appellant
Versus
Sipra Maharana – Respondent
| Table of Content |
|---|
| 1. transfer application for domestic violence case. (Para 1 , 2) |
| 2. jurisdiction considerations and legislative intent. (Para 3 , 7 , 8 , 9 , 10 , 11) |
| 3. age-related difficulties in attending court. (Para 4 , 5) |
| 4. decision against transfer of case. (Para 12) |
| 5. directions for use of ict in court proceedings. (Para 13 , 14) |
JUDGMENT :
1. The application has been filed under section 447 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for transfer of Criminal Misc. Case No.41 of 2024 from the court of learned Civil Judge (Junior Division)-cum-J.M.F.C., Pipili to the court of learned Additional Civil Judge, Junior Division-cum-J.M.F.C., Kendrapara.
The transfer is sought for by the in laws, petitioners-opposite parties before the learned Civil Judge (Junior Division), Pipili.
4. It is submitted by the learned counsel for the petitioners that the petitioner no.1-father-in-law is aged about 71 years and petitioner no.2-mother-in-law is aged about 67 years though other four petitioners are aged in between 35 and 44 years. It is submitted that the petitioner nos.1 and 2 and other petitioners are facing difficulty in attending the matter at Pipili.
6. For convenience of refer
The jurisdiction for domestic violence cases favors the residence of the aggrieved party, ensuring access to justice, as emphasized in the Protection of Women from Domestic Violence Act.
The wife may choose the venue for maintenance proceedings under the Bharatiya Nagarika Suraksha Sanhita, 2023, and the husband's convenience is not a valid basis for transfer.
The court prioritized the respondent's convenience over the petitioners' request for transfer of the domestic violence complaint, allowing for video-conferencing to mitigate hardship.
The temporary residence of the aggrieved person, as defined in Section 27(1)(a) of the P.W.D.V. Act, determines the jurisdiction of the court to try the offence.
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