SRIKANT CHAND Vs. RAM MOHINI

JUDGEMENT

(1.) The present matter arises out of a report made by the Stamp Reporter demanding court-fee on the application out of which this appeal arises.

(2.) The relevant facts, shortly, are these: The appellant filed an application under section 13 of the Hindu Marriage Act, 1955 (Act 25 of 1955) for the dissolution of marriage. The petition was filed in the Court below on a court-fee of Re. 1-2-0 only. This application was dismissed. Thereupon, the appellant preferred the present appeal on a court-fee of one rupee only. The Stamp Reporter submitted the report stating that there was a deficit court-fee both in the Court below and in the High Court. The Stamp Reporter is of the view that Art, 17 (vi) of Schedule II of the Court-fees Act, 1870, applies to the facts of the present case and that the proper court-fee payable, therefore, is Rs. 22-8-0. Accordingly, the Stamp Reporter has reported that there has been a deficit court-fee amounting to Rs. 21-6-0 on the application filed in the Court below and a further deficit amounting to Rs. 21-8-0 on the memorandum of appeal. The question of court-fee payable on the memorandum of appeal has been disposed of by the Taxing Officer of this Court, whose decision under Section 5 of the Court-fees Act has since become final,

(3.) The question of court-fee payable on the application under Section 13 of the Hindu Marriage Act filed in the Court below has been contested and has, in the usual course, come up for orders before us.