TRUPTIBEN PADMAKANT DIXIT Vs. PADMAKANT HARIKANT DIXIT

JUDGEMENT

(1.) In this revision petition an interesting question regarding Court-fees arises. The petitioner(wife) in Hindu Marriage Petition No. 59 of 1971 filed an application for alimony pendente lite under sec. 24 of the Hindu Marriage Act 1955 (which will be hereinafter referred to as the Act) against opponent No. 1 her husband. Inspecting Officer Court-fees under sec. 12 of the Bombay Court-fees Act 1959 made a report that Court-fees of Re. 0.90 paise paid for the said application were inadequate. A preliminary finding was recorded on receipt of this report by the learned Joint Civil Judge Senior Division Baroda and a show cause notice was issued as to why the deficit Court-fees should not be recovered. According to the Inspectors report Court-fees payable were Rs. 37.50 paise. Article 21 of Schedule II of the Bombay Court-fees Act 1959 according to him would govern the payment of Court-fees.

(2.) The learned trial Judge after hearing the parties accepted the report of the Inspector and directed the petitioner to affix additional Court-fees of Rs. 36.60 paise on Ex. 10 application for interim alimony.

(3.) Being dissatisfied with that order the petitioner has preferred the present revision petition to this Court.