VAIJANTIMALA @ MALA BUDHWAR Vs. SEEMA BUDHWAR AND ORS

JUDGEMENT

(1.) Order dated 12.3.2011 of District Judge, Family Court, Hisar whereby deciding application of the defendants (petitioner herein), the respondents-plaintiffs have been called upon to make payment of advalorem Court fees to the extent of Rs.12,000/- and have been directed to make the deficiency in Court fee good, is under challenge at the instance of the petitionerapplicant- defendants. Seeking modification of this order, it is claimed that advalorem Court fee should be payable by the respondents on a sum of Rs.12 lakhs and in default, plaint should be rejected.

(2.) A suit under Sections 19 & 22 of the Hindu Adoptions and Maintenance Act, 1956 (hereafter referred to as the Act) filed by the respondentplaintiff is pending adjudication against the petitioner-defendant wherein respondent-plaintiffs are claiming maintenance to the tune of Rs.10,000/- per month from the date of filing of the suit. Counsel for the applicants-defendants (petitioners herein) has referred to provisions of Section 7 of Court Fees Act, 1870 which reads as under:-

(3.) Counsel for the respondent, on the other hand referring to Mamta Versus Hari Kishan, 2004 3 CivCC 267 urges that advalorem Court fee is not payable as proceedings before the Family Court are not in the nature of a suit. Support has also been sought from Sri Rathnavarmaraja Versus Vimla Smt.,1961 3 RCR 1015, wherein it was held as under:-