BABY DEB Vs. AJIT DEB

JUDGEMENT

(1.) HEARD Mr. C. Chakraborty, learned counsel for the petitioner. Also heard mr. B. Debnath, learned counsel for the opposite-party. At the request of the learned counsel for the petitioner, in the facts and circumstances this petition is being disposed of at the admission stage itself.

(2.) THE present Civil Revision Petition has been preferred under Article 227 of the constitution of India against the order dated 24-1-2007 passed by the learned Judge, family Court, Agartala, West Tripura in t. S. (Divorce) No. 228 of 2008 indicating that a title suit for divorce was to be presented in the form of the plaint and since the relief claimed through such petition is declaratory in nature, therefore, the court-fee of Rs. 20/- has to be paid under the Court Fees Act, 1870 (for short 'court Fees Act' ).

(3.) THE petitioner presented a petition, i. e. T. S. (Divorce) No. 228 of 2006, before learned Family Court on 18-5-2006 under s. 13 (l) (la) of the Hindu Marriage Act, 1955 (in short called Hindu Marriage 'act') for dissolution of marriage between the parties by way of decree of divorce. While presenting the petition for divorce court-fee of an amount of Re. 1/- was affixed by the petitioner but the Sheristradar of the Family court reported deficit of court-fee of Rupees 19/- on the petition presented by the petitioner.