IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.593 of 2009 1. MANISH KUMAR S/O LATE RAVISHANKAR YADAV VILL- BALAM, P.S. MADHEPURA, DISTT. MADHEPURA Versus 1. PINKY KUMARI D/O SUNIL KUMAR VILL- PAHARPUR, P.O. KISHANPUR VIA PATARGHAT, P.S. SAUR BAZAR, DISTT. SAHARSA, AT PRESENT C/O DEEP NARAYAN YADAV AT MADHEPURA, WARD NO. 5 (OLD) / 9 (NEW), P.S. MADHEPURA, DISTT. MADHEPURA ----------- 6. 26.4.2010 Heard learned counsel for the appellant and learned counsel for the respondent. Matrimonial Case No. 13 of 2007 was filed by the appellant before the Principal Judge, Family Court, Madhepura for declaration of a voidable marriage solemnized with the respondent by force and without free consent. It is the case of the respondent that no sooner she was made aware of the proceedings, she appeared and filed an application for recall to proceed ex parte against her. Having heard counsel for the parties, we are satisfied that the trial must proceed either at Madhepura or Saharsa and we are not inclined to dismiss the case on grounds of jurisdiction alone. The impugned order holds that the proceedings were not maintainable at Madhepura. Counsel for the appellant submits that he does not make an issue of the place of jurisdiction and 2 has no objection if the proceedings are transferred to the competent Court of the Family Judge at Saharsa. Counsel for the respondent does not oppose the same. The entire proceedings of Matrimonial Case No. 13 of 2007 pending before the Principal Judge, Family Court, Madhepura is directed to be transferred to the Court of the Principal Judge, Family Court, Saharsa. Let the same be registered afresh there. We further direct that the proceedings shall now continue before the competent Court at Saharsa from the stage that it was pending before the Family Court at Madhepura. The present order shall be adequate notice to both the parties for the need to appear at Saharsa and who are now required to appear before the Family Court, Saharsa when it shall not be sufficient defence for non appearance to urge simply that no fresh notices were issued by the Court at Saharsa. The appeal stands disposed. P. Kumar (Navin Sinha, J.) (Dinesh Kumar Singh, J.)