In matrimonial matter,relief for possession should be valued separately
The suit was filed on fixed court fee of Rs.100/- which was available to Plaintiff for the relief of declaration of nullity of his
marriage alone. The learned Judge has correctly held that the prayer of
possession is required to be separately valued and that it is to be valued as per market rate of the suit property. Since it was never valued, it
would have to be valued as on the date of the valuation. It is an abuse of court process for a party to smuggle in a prayer for possession in a petition for declaration of nullity of marriage for which alone the fixed
court fee is specified.
16. Consequently the impugned order would be required to be ba
interfered with and substituted by the following order.
1. The Petitioner in the Family Court Petition shall value the suit om
property at the market rate prevailing on the date of valuation taking the ready reckoner issued by stamp authority as the base value and pay the court fee as per valuation on the date of the valuation failing which the suit with regard to prayer of B
possession would stand rejected / dismissed.
2. He would have liberty to file a separate suit in that behalf.
Bombay High Court
Rt vs Vijaykumar Shivdasani - on 25 June, 2013
Bench: R. S. Dalvi1
Harsh*ta Shivdasani
V/s.
Vijaykumar Shivdasani
-https://www.lawweb.in/2013/11/in-matrimonial-matterrelief-for.html
