JUDGMENT - V.S. SIRPURKAR, J. :---In this civil revision, the applicant has challenged the order passed by the trial Court below Exhibit 10, whereby the objection raised to the counterclaim on the ground of non-payment of Court-fees is turned down by the trial Court.

2.Originally, the present applicant filed a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights against the present non-applicant. His case was that that he was married to the non-applicant on 21-5-1995 in Arya Samaj Temple, Amravati, and thereafter in one another temple. He claimed that the marriage was registered before the Registrar of Marriages, on 22-8-1995 and after the marriage, the non-applicant respondent stayed with him and had also conceived. They decided to terminate the pregnancy and accordingly it was terminated. He further pleaded that the non-applicant was taken away by her father as he had never approved of this alliance between the applicant and the non-applicant, and further reiterated that the non-applicant was living in her father's house without any justification and had deserted the applicant and it was on that count that he prayed for a decree for restitution of

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