ANTALA GOPE ALIAS ANTILAL GOPE Vs. SARBO GOPAIN

JUDGEMENT

(1.) This matter has come before us in the following circumstances. One Antalal Gope alias Antilal Gope filed an application under Section 13 of the Hindu Marriage Act for a decree of divorce against Sarbo Gopain and impleaded another person as a co-respondent on the allegation that he had committed adultery with respondent No. 1, the applicant's wife. In that application, he had also asked for a damage of Rs. 500/- against respondent No. 2. His application failed so far as both the reliefs were concerned, and he has preferred an appeal to this Court, which has been numbered as First Appeal No. 228 of 1961.

(2.) The Stamp Reporter of this Court pointed out that, on the memorandum of appeal, the appellant was to pay a court-fee of Rs. 22.50 under Article 17 (vi) of Schedule II of the Court-fees Act so far as the relief of divorce was concerned. He was also of the view that the same court-fee was payable on the original application. Further, he pointed out that there was a claim for damages in the original application as well as in the present appeal, and so it was a matter for consideration whether any additional court-fee was payable for that. The whole case came before Sahai, J., as the Taxing Judge, after the Taxing Officer of this Court had expressed his own opinion on the stamp-report His Lordship has referred this matter to a Division Bench for determination ct the questions involved. On the question whether a fixed court-fee of Rs. 22.50 was payable on the memorandum of appeal, His Lordship considered some of the decisions of this Court as well as some other High Court in that connection, and he seems to have differed from the view taken in Srikant Chand v. Ram Mohini AIR 1959 Pat 186.

(3.) The Hindu Marriage Act, 1955 (Act No. 23 of 1955), provides under Section 13 as follows :