NANDKISHORE Vs. PARWATI BAI

JUDGEMENT

(1.) COMMON question which the Taxing Officer has referred with reference to First Appeal No. 45 of 1964 Nandkishore Vs. Parwatibai, First Appeal No. 78 of 1964, Sobharam Vs. Anarbai and First Appeal No. 90 of 1964, Shivnath Vs. Laxmibai, is as to the amount of Court -fee needed for a memorandum of appeal against the decree arising out of a petition under the Hindu Marriage Act. On receipt of the reference counsel for the appellants as well as the Government Advocate on behalf of the State were heard.

(2.) IT is not disputed that the present appeals are not governed by the Court -fees (Madhya Pradesh Amendment) Act No.3 of 1964 which came into force on 1.4.1964, Article 20 -A whereof has made specific provision regarding petitions and memorandum of appeals in cases arising under the Hindu Marriage Act by requiring the same to be accompanied by fixed Court -fee of Rs.20. These appeals, no doubt, have been filed subsequent to the coming into force of the aforesaid Act. But in view of the decision of this Court in Arjuna Govinda Vs. Amrita Keshiba, [AIR 1956 Nag 281] as the petitions out of which these appeals arose had been filed before the aforesaid Act came into force that Act had no application to them and they will be governed by the law which was in force when the petitions under the Hindu marriage Act had been initially filed.

(3.) IN order to determine which one of the three positions is appropriate and ought to govern the matter under consideration we shall have to take into consideration the material provisions of the Hindu Marriage Act, and the Civil Procedure Code having a bearing on the question, Sections 10, 11, 12 and 13 dealing with the subjects of judicial separation, void or voidable Marriages and divorce respectively lay down that proceeding under either of them is to be commenced by means of a petition. But they also provide that the relief which the party seeking redress would get would take the form of a decree after a trial regulated by the Civil Procedure Code, 1908. Section 19 of the Hindu Marriage Act lays down -