Domestic violence proceedings need not be transferred when respondents can seek virtual appearance.

The petitioners filed a transfer petition under Section 407 of the Code of Criminal Procedure, corresponding to Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking transfer of CMC No.1409 of 2024 from the Court of the learned JMFC (II), Bhubaneswar, Khordha, to the Court of the learned JMFC (Cog.III), Cuttack.

The proceeding was instituted by the opposite party under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

The petitioners contended that Petitioner No.1, the mother-in-law of the opposite party, was suffering from cancer and undergoing treatment at Mumbai, while Petitioner No.2, her husband, was stationed there to attend to her, making appearances before the Bhubaneswar court difficult.

They further submitted that the opposite party had previously resided at Kantapatana in Cuttack and could attend proceedings there.

The opposite party opposed the transfer, asserting that she was a deserted woman dependent on her aged parents, with whom she was residing at Dwaraka Vihar, Bhubaneswar.

It was also submitted that the petitioners could seek permission to appear virtually or through counsel, since physical attendance was not required on every date in a proceeding under the Domestic Violence Act.

1. Whether CMC No.1409 of 2024, pending before the JMFC (II), Bhubaneswar, should be transferred to the JMFC (Cog.III), Cuttack, under Section 407 CrPC/Section 447 BNSS.

2. Whether the petitioners could be granted an alternative facility to appear through virtual mode before the Bhubaneswar court.

The Court applied Section 407 of the Code of Criminal Procedure, corresponding to Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing transfer of criminal proceedings between subordinate courts.

It considered the nature of the proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005, and the practical principle that parties in such proceedings may ordinarily appear through counsel and need not be physically present on every date.

The Court also recognised the availability of virtual appearance in accordance with the High Court of Orissa and District Courts Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025.

The Court weighed the petitioners’ asserted difficulty arising from Petitioner No.1’s medical treatment and Petitioner No.2’s presence at Mumbai against the opposite party’s circumstances as a deserted woman residing with and dependent upon her aged parents at Bhubaneswar.

It was not persuaded that the petitioners’ personal difficulty justified shifting the proceeding to Cuttack, particularly when the opposite party was presently residing at Bhubaneswar and the petitioners had alternative procedural remedies.

The Court accepted that the petitioners could seek permission from the court below to appear virtually and could otherwise be represented through counsel, thereby addressing the stated hardship without transferring the proceeding.

The Court clarified that the dismissal would not prevent the petitioners from applying before the court below for permission to appear through virtual mode.

It further expressed the expectation that such an application would be favourably considered at the appropriate stage in accordance with the 2025 electronic communication and audio-video rules.

I.A. No.37 of 2025 was accordingly disposed of.