RADHAMONI Vs. SUGATHAN

JUDGEMENT

(1.) This Miscellaneous First Appeal which remains unnumbered raises a question as to the correct court fee payable in an appeal against an order passed in an application under S.13 of the Hindu Marriages Act, 1955. The court fee paid in the court below is Rs. 30 under Art.1(vi) of Schedule II of the Kerala Court Fees and Suits Valuation Act, 1959. In the appeal, the court fee paid is Rs. 5. The office has objected to this and has pointed out that the court fee payable in appeal is also Rs.30 as is provide under S.52 of the Court Fees Act.

(2.) The appellant's counsel points out that court fee payable in an appeal in such cases is only Rs. 5 and for this purpose relies upon Art.3(iii)(A)(1)(b) of Schedule II, which reads:

(3.) The appellant's counsel sought support for his contention from a judgment of this court rendered by Krishna Iyer, J. reported in Mukundan v. Nalini ( 1971 KLT 743 ). Considering the question of court fee in an appeal filed against orders under S.10A and 10B of the Madras Marumakkathayam Act, 1933, the learned Judge held that the nominal court fee as provided in Art.11(g) or Art.3(iii)(A)(1)(b) of Schedule II of the Act was sufficient. With great respect, I agree. However, the difference between the Madras Marumakkathayam Act and the Hindu Marriage Act has to be borne in mind while appreciating the principle laid down in the above decision. Unlike S.13 which provides that orders under that section shall be decrees, S.10C of the Madras Marumakkathayam Act does not lay down that the orders under S.10A and 10B are decrees. S.10C reads as follows: