Laxmipriya Jena & Anr. v. Hybrid Mode

Mr. Ashok Kumar Behera, Advocate TRP(C) No.425 of 2025 Laxmipriya Jena & another …. Petitioners Ms. Kaberi Mohanty, Advocate Swarajya Nayak Kumar …. Opp. party -versus- Mr. Ashok Kumar Behera, Advocate JUSTICE MRUGANKA SEKHAR SAHOO CORAM: Order No. ORDER 07.05.2026 Hybrid Mode

1. TRPCRL No.108 of 2025 has been filed under Section 407 of Cr.P.C. read with Section 447 of BNS, 2023 by the wife in the marriage as well as the minor child through her mother guardian to transfer of D.V. Misc Case No.166 of 2025 pending in the court of the learned Judge, Family Court, Jajpur to the court of the learned S.D.J.M., Puri. The said D.V. Misc. Case has been filed by the mother-in-law of the petitioner-wife, i.e., mother of the husband impleading the daughter-in-law as the opposite party. Notices were issued by the coordinate Bench by order dated 03.12.2025 and the opposite party has appeared.

TRP (C) No.425 of 2025 has been filed under the provision of Section 24 of the Code of Civil Procedure by the petitioner-wife in the marriage and the minor child born from the wedlock represented through her mother guardian seeking transfer of C.P. No.230 of 2025 from the court of the learned Judge, Family Court, Jajpur to the court of the learned Judge, Family Court, Puri. The said C.P. has been filed by the husband in the marriage under Section 10 of the Hindu Marriage Act seeking decree of judicial separation.

Learned counsel for the petitioner is heard at some length. She refers to the grounds stated in both the applications by the petitioner-wife that is: after marriage has run into rough weather, the wife now stays with her parents at Jajpur. She has a minor girl child from the marriage, she is distressed. The distance from Jajpur to Puri is about 140 Kms, she finds it difficult to attend the cases at Puri, one initiated by her mother-in-law, the other initiated by her husband.

4. It is submitted by the learned counsel for the opposite party-mother-in-law in TRPCRL No.108 of 2025 who is also the learned counsel for the husband-opposite party in TRPC No.425 of 2025 that the place of initiation of both the cases is in accordance with law. Learned counsel refers to the provisions of Code of Civil Procedure, Section 9 and Section 24 and submits that Section 24 cannot be read in isolation that which would render Section 9 nugatory. He then refers to Section 19 under Chapter-V of Hindu Marriage Act that provides ‘Jurisdiction and Procedure.’ Learned Counsel also refers to Section 7 of the Family Courts’ Act that provides with ‘Jurisdiction’ and submits that C.P. under Section 10 of the Hindu Marriage Act has been initiated at court of proper jurisdiction. It is further submitted that since the mother-in-law of the petitioner stays at Jajpur and she has initiated the case at Jajpur under the Protection of Women from Domestic Violence Act, 2005.

Having heard the learned counsel for the parties, in considered opinion of this Court, the contention of the petitioner regarding difficulties faced by her appears to be correct.

However, this Court also is of the considered view that the contentions raised on behalf of the husband of the petitioner regarding choice of place of initiating a proceeding under the Hindu Marriage Act read with Family Courts Act and Code of Civil Procedure and choice of place of initiating a proceeding under the D.V. Act by the mother-in-law is also correct.

Now, to draw a balance between the competing rights of the parties to the litigations and taking a sympathetic view, this Court allows the prayer for transfer of D.V. Misc. Case No.166 of 2025 pending in the court of the learned S.D.J.M., Jajpur to the court of learned S.D.J.M., Cuttack and C.P. No.230 of 2025 pending in the court of the learned Judge, Family Court, Jajpur to the court of learned Judge, Family Court, Cuttack. If both the matters are to be heard analogously as per the provisions of law/mandate of the Hon’ble Apex Court in Rajnesh v. Neha: 2020 INSC 631: (2021) 2 SCC 324, both the matters shall be taken up by the learned Judge, Family Court, Cuttack.

Copies of this order shall be forwarded to the learned Judge, Family Court, Jajpur as well as the learned Judge, Family Court, Cuttack to be kept in the records of C.P. No.230 of 2025. Copies of this order shall also be forwarded to the learned S.D.J.M., Jajpur as well as the learned S.D.J.M., Cuttack to be kept in the records of D.V. Misc. Case No.166 of 2025. Registry shall intimate the learned courts to do the needful.