SUNDAR BAI Vs. BABULAL

JUDGEMENT

(1.) THIS appeal raises a question about the court -fee payable on a petition filed under Section 13 of the Hindu Marriage Act No. XXV of 1955.

(2.) THE learned Add. District Judge, Rajgarh by his order dated 2 -3 -1960 held as follows:

(3.) A petition under the Hindu Marriage Act must, therefore, be regarded as a petition of the nature described in Schedule 2 Article 1 (b) paragraph 6 of the M. P. Court -Fees Act. I am supported in this view by the decision of the Bombay High Court in Karbhari Vithoba v. Anusuya Karbhari ( : AIR 1958 Bom. 425); and the Patna High Court in Srikant Chand v. Mst. Ram Mohini ( : AIR 1959 Pat. 186).