RAHUL SHARMA Vs. LAXITA SHARMA

JUDGEMENT

(1.) This is an appeal under section 28 of the Hindu Marriage Act, 1955 against the order of the Court below passed under section 25/27 of the Act granting permanent alimony of Rs. 5 lacs to the wife while decreeing her suit for divorce. The appellant has paid Court fees of Rs. 38/- on the memo of appeal. The Stamp Reporter reported deficiency of Rs. 37,869.50 in payment of Court fees. On the objection preferred by the Counsel for the appellant against the above report, the matter was referred to the Taxing Officer, who in view of the Full Bench decision in the case of Darbari Lal v. Smt. Dharamwati,, 1957 AIR(All) 541 over ruled the objections and directed for making good the deficiency in Court fees.

(2.) The Court fees has not been made good.

(3.) Counsel for the appellant submits that the order of the Taxing Officer is illegal and he has not taken into consideration the amended provisions of the Court Fees Act, 1870.