S GOVINDARAJ Vs. PADMINI

JUDGEMENT

(1.) REGISTRY has raised the objection regarding deficit Court fee to be paid.

(2.) BOTH these appeals arise from the common judgment passed by the Family Court in the petitions filed under Sections 9 and 13 (i) (i-a) (i-b) and (1-A) (ii) of the Hindu Marriage act by the wife and husband respectively. The appellant in each of these cases has paid a court fee of Rs. 15/- as per Schedule-II article 1 of the Karnataka Court Fees and Suits valuation Act, 1958 (hereinafter referred to as the 'kcfsv Act' ). But, as per the office objection, Court fee is payable as per Schedule-II, article 1 of the KCFSV Act since, the appeal against the order passed under Section 9 or 13 of Hindu Marriage Act is provided under Section 28 of the said Act. As such, the office states that the appellant is liable to pay the Court fee of Rs. 100/- each as per Schedule-II, article 1 of the KCFSV Act.

(3.) IN this regard, it is the contention of the learned Counsel for the appellant that, the appeals are not filed under Section 28 of the hindu Marriage Act but under Section 19 of the Family Courts Act No. 66 of 1984 and as such, as there is no provision under Schedule-II, article 1 regarding the Court fee to be paid in respect of the matters under the Family courts Act, the payment of Court fee of rs. 15/- as per Schedule II, Article 3 (iii) is just and correct.