1. Rule. Made returnable forthwith.

2. The Petitioner wife has challenged the order of the Family Court No.6, Bandra, Mumbai dated 25th July, 2012 directing the Petitioner to value the relief of possession in his petition as on the date of the filing of the petition as per valuation made by the Sub Registrar, Borivali, Mumbai.

3. The Respondent husband filed a petition for declaration of nullity of the marriage and for obtaining vacant and peaceful possession of the premises of the parties. The Petitioner husband paid fixed court fee “payable on the petition”. That was the fixed court for payable in a petition for divorce or nullity of marriage. The Petitioner did not at all value the relief of possession and had paid no court fee for the relief of possession sought.

4. The wife took objection to the valuation of the petition in view of the prayer for possession of the flat mentioned in the petition. The wife claimed that the Petitioner must value the flat which he had not valued and hence applied for rejection of the plaint. Thereafter the husband valued the suit property which the wife claimed was far less than the actual market value. The petitioner husband valued the