IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.24 of 2026 An application under section 447 of the BNSS, 2023.

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Sini Ugarsandi and another … … Petitioners -Versus-

Shiba Singh and others … … Opp. Parties Advocates appeared in the case:

For Petitioners : Mr. Rajib Lochan Pattnaik, Advocate For Opp. Parties :

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CORAM:

THE HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

J U D G M E N T

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Decided on 25^th March, 2026 ------------------------------------------------------------------------------

MRUGANKA SEKHAR SAHOO, J.

1. The petitioners are before this Court seeking transfer of the proceeding pending before the learned J.M.F.C., Rairangpur in CMC No.249 of 2024.

2. In the proceeding, the petitioner-wife in the marriage who has given her address at Paradeep, Dist-Jagatsinghpur and that is also the address of the minor son aged about six years at the time of filing of the petition. They have given their address to be residing at Chahalapada, Po-Tikhia, Ps-

Bahalda, Dist-Mayurbhanj.

3. The petition before the learned J.M.F.C. was filed under section 12 read with sections 18, 19, 20 and 21 of the Protection of Women from Domestic Violence Act, 2005. It is stated in the petition that the petitioner mother and minor son belong to the “HO”, a ‘Scheduled Tribe’ Community. The father-in-law and mother-in-law of the petitioner have been arrayed as opp. parties in the petition CMC No.249 of 2024. The address of the Opp. Party No.1- husband is given at Paradeep, Dist-Jagatsinghpur wherein the address of the Opp. Party Nos.2 & 3 have been given at Mayurbhanj.

4. It is further apparent that the Opp. Parties have entered appearance and filed their show cause before the learned J.M.F.C., Rairangpur. At paragraph 18, the following has been stated:

“18. That the petitioner is able to earn his livelihood and now she is serving as nursing staff and deputed at C.H.C., Talcher and getting her salary not less than Rs.30,000/- (Rupees Thirty Thousand) only per month.”

5. Now, petition filed under section 447 of BNSS, 2023 is the subject matter to be considered by this Court.

Learned counsel for the petitioners is heard at length, inter alia, he submits that after a report is made under section 12(1) to the learned Magistrate, the petition can be transferred to be considered by any other Magistrate.

6. The objects and reasons of the Protection of Women from Domestic Violence Act, 2005 would be relevant for adjudication of the present lis and are reproduced herein:

“An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.”

7. The definition clause provides the following:

“(e) “Domestic incident report” means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person;

(i) “Magistrate” means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973(2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place;

(m) “prescribed” means prescribed by rules made under this Act;

(n) “Protection Officer” means an officer appointed by the State Government under sub-

section (1) of section 8;

(o) “protection order” means an order made in terms of section 18;

(p) “residence order” means an order granted in terms of sub-section (1) of section 19;

8. Perusal of the Act, as well as the objects and reasons, makes it abundantly clear that it is an ameliorative provision protecting the rights of women guaranteed under the Constitution of India, which requires direct intervention, monitoring and interference of the Magistrate defined in Section 2(i) through the Protection