IN THE HIGH COURT OF JUDICATURE AT PATNA ---------- Miscellaneous Appeal No.122 of 2010 -------- Appeal against the Judgment and Order dated 18-11- 2009 passed by the Principal Judge, Family Court, Nalanda in Divorce Case No. 10 of 2008. ------- Rudrajeet Singh, Son of Shri Ramanand Prasad, R/o Village- Khepura, P.S. Nagarnausa, District- Nalanda at Biharsharif at present residing in Mohalla Purvi Chitragupta Nagar, P.S. Patrakar Nagar, district- Patna..............................................................Appellant Versus Dimpal Kumari, W/o Rudrajeet Singh, daughter of Shri Mahendra Prasad, R/o village- Khapura, P.O. Khapura, P.S. Nagarnausa, district- Nalanda at present village- Kasabil, P.O. Manoharpur, P.S. Sampatchak, district- Patna.......................................... Respondent6 ------------------- For the appellant : Mr. Ajay Kumar Thakur,Advocate, Mr. Imteyaz Ahmad, Advocate & Mr Ravi Ranjan, Advocate For the Respt. Mr. Arvind Kumar, Advocate ---------- 9 20-10-2011 Heard the parties. By the order under appeal dated 18th November, 2009, Divorce Case No. 10 of 2008 preferred by the appellant has been dismissed by the learned Principal Judge, Family Court, Nalanda on the ground that divorce case was filed before expiry of one year from the date of marriage in contravention of section 14 of the Hindu Marriage Act. It is not in dispute that the respondent-wife did 2 not appear before the Family Court and the proceeding was concluded ex parte after holding that there was valid service of notice by publication in Daily News paper, “Hindi” for appearance of the respondent but she chose not to appear. Learned counsel for the appellant has submitted that whatever be the fate of a claim or allegation made by the appellant in the suit, since the ground is covered by section 12(1) (c ) of the Hindu Marriage Act, the suit was required to be filed within one year. We find merit in the aforesaid submission. Hence the finding of the learned court below that the suit was not maintainable under section 14 of the Hindu Marriage Act is set aside. The matter is remitted back to the learned Principal Judge, Family Court, Nalanda for hearing the divorce case afresh in accordance with law. Since pursuant to notice issued by this Court the respondent-wife appeared and has undertaken to appear before the court below by filing suitable reply/ written statement within two months from today, the court below is directed to give opportunity to the respondent-wife to contest the suit in case the respondent files a written statement within two months from 3 today.The appeal is allowed to the aforesaid extent. If both the parties agree for transfer of the divorce proceeding from Nalanda to Patna in that case the proceeding will stand transferred to the Principal Judge, Family Court, Patna on filing an application to that effect before the Family Court, Nalanda. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)