DINESH CHANDRA SAXENA Vs. NOOTAN SAXENA

JUDGEMENT

(1.) The core question Involved here Is whether the appellant Is liable to pay fixed court fee of Rs. 37.50 under Article 21A of Schedule II of the Court Fees Act as amended in U. P. for the purposes of payment of court fee in the appeal from final order passed in disposing of the application under Section 27 of the Hindu Marriage Act, 1955 (In short the Act) or ad valorem court fee on the basis of valuation fixed In the appeal.

(2.) Briefly stated the facts are that Dinesh Chandra Saxena. the appellant herein, filed suit for divorce against his wife Smt. Nootan Saxena on the grounds mentioned under Section 13 of the Act before the Family Court. The suit for divorce was decreed. His wife filed an application under Section 27 of the Act to return her stridhan which were in possession of her husband. The Judge. Family Court allowed the application and directed the appellant to pay sum of Rs. 51,000 to the respondent for the goods which were returnable by him to his wife. The appellant filed appeal against this order dated 27.7.1999 under Section 19 of Family Courts Act, 1984 (In short 1984 Act). The Stamp Reporter reported that the appellant was liable to pay ad valorem court fee of Rs. 4,195. The appellant disputed this demand. The Additional Registrar took the view that the ad ualorem court fee is payable by the appellant under Section 7 (1) (iv) of the Court Fees Act, 1870. The appellant raised an objection against this decision. The matter has now been referred to me by the Hon'ble the Chief Justice.

(3.) If any decree is passed under the provisions of Hindu Marriage Act, 1955. appeal lies under Section 28 of the said Act. Section 28 reads as under;