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IN THE HIGH COURT OF ORISSA AT CUTTACK
MRUGANKA SEKHAR SAHOO
Satyabrata Sahoo – Appellant
Versus
Pabhasini Sahoo – Respondent
JUDGMENT :
MRUGANKA SEKHAR SAHOO, J.
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 criminal proceeding, i.e., C.M.C. No.29 of 2025 filed by the opposite party-wife pending before the learned Judge, Family Court, Bargarh to the Court of learned Judge, Family Court, Bhubaneswar. The said proceeding has been initiated under Section 144 of the BNSS , 2023 by the wife in the marriage seeking monthly maintenance from the husband.
Due to pendency of the present proceeding, the proceeding before the learned Judge, Family Court, Bargarh has been interdicted as prayer for adjournment to be sought for before the learned Judge, Family Court was allowed by interim order of this Court dated 19.06.2025.
2. Learned counsel for the Petitioner is heard at length and learned counsel for the Opposite Parties also responded in brief.
3. The territorial jurisdiction under which the application under Section 144 of BNSS , 2023 can be filed has been provided in the , i.e. Section 145 . The corresponding Sections in the Cr.P.C. were Section 125 & Section 126 respectively. For
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 jurisdiction for maintenance claims under domestic violence law can be established at the temporary residence of the aggrieved person, allowing for simultaneous proceedings under various statutes....
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.
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