AJMER SINGH SINDHU Vs. MADHUR SIDHU

JUDGEMENT

(1.) AN important question of law involved in the present petition is as to whether a suit filed for maintenance under S.18/20 of Hindu Adoption and Maintenance Act 1950, without affixing the court - fee can be entertained as a petition.

(2.) THE facts in brief are that the respondent filed a civil suit claiming maintenance from the petitioner @ Rs. 6000/- per month. The suit so filed was accompanied with the court - fee of Rs. 12.50. An objection was taken by the petitioner (defendant) before the Court below that the suit filed by the respondent (plaintiff) has not been valued in terms of S.7(ii) of the Court Fees Act, 1977. The said Section, for facility of reference is being reproduced below : -

(3.) THE Court below ultimately held that the claim for maintenance filed by the respondent is to be treated as petition under the Hindu Adoption and Maintenance Act, 1960, (hereinafter referred to as the Act of 1960) and the Court Fees Act, is not applicable. It is against the said order passed by the Court below, the present revision petition has been preferred.