( 1 ) IN this revision petition an interesting question regarding Court-fees arises. The petitioner (wife) in Hindu Marriage Petition No. 59 of 1971 filed an application for alimony pendente lite under sec. 24 of the Hindu Marriage Act 1955 (which will be hereinafter referred to as the Act) against opponent No. 1 her husband. Inspecting Officer Court-fees under sec. 12 of the Bombay Court-fees Act 1959 made a report that Court-fees of Re. 0. 90 paise paid for the said application were inadequate. A preliminary finding was recorded on receipt of this report by the learned Joint Civil Judge Senior Division Baroda and a show cause notice was issued as to why the deficit Court-fees should not be recovered. According to the Inspectors report Court-fees payable were Rs. 37. 50 paise. Article 21 of Schedule II of the Bombay Court-fees Act 1959 according to him would govern the payment of Court-fees.

( 2 ) THE learned trial Judge after hearing the parties accepted the report of the Inspector and directed the petitioner to affix additional Court-fees of Rs. 36. 60 paise on Ex. 10 application for interim alimony.

( 3 ) BEING dissatisfied with that order the petitioner has preferred the present revision petition to this Court.

( 4 ) SCHEDULE II Article 21 reads:- Plait application petition or memorandum of appeal under the Parsi Marriage and Divorce Act 1936 the Special Marriage Act 1954 or the Hindu Marriage Act 1955provided that wherein addition to divorce damages are claimedcourt-FEES payable are Rs. 37. 50 paise and in case in addition to divorce damages are claimed a fee as above plus a fee on the amount of damages claimed according to the scale prescribed under Article 1 of Schedule I is payable. ARTICLE 20 of that Schedule II reads:-EVERY petition under the Indian Divorce Act 1869 except petitions under sec. 44 of that Act and every memorandum of appeal under sec. 55 of that Act Court-fees payable are Rs. 37 50 paise.

( 5 ) IF we refer to sec. 44 of the Indian Divorce Act 1869 it reads:-THE High Court after a decree absolute for dissolution of marriage or a decree of nullity of marriageand the District Court after a decree for dissolution of marriage or nullity of marriage has been confirmedmay upon application by petition for the purpose make from time to time all such orders and provision with respect to the custody maintenance and education of the minor children the marriage of whose parents was the subject of the decree or for placing such children under the protection of the said court as might have been made by such decree absolute or decree (as the case may be) or by such interim orders as aforesaid. IT thus clearly appears that the Legislature never intended to levy this amount of Court-fees of Rs. 37. 50 paise on such interim applications or petitions made for such interim reliefs. In sec. 44 of the Indian Divorce Act 1869 the word petition is used. So the Legislature has specifically provided and exempted the category of petitions contemplated under sec. 44 as there was room for contention that on such a petition also Court-fees of Rs 37. 50 paise should be paid.

( 6 ) ARTICLE 23 of Schedule II of the Bombay Court-fees Act 1959 reads:-PLAINT petition or application (including memorandum of appeal) which is capable of being treated as a suit (A) for annulment of marriage; Thirty-seven rupees fifty naye paise. (b) for dissolution of marriage; thirty-seven rupees fifty naye paise. (c) in suit for custody of minor; eighteen rupees seventy-five naye paise. (d) for restitution of conjugal rights; Thirty-seven rupees fifty naye paise. (e) for judicial separation Thirty-seven rupees fifty naye paise. (f) in or to any Civil Court not Thirty rupees otherwise provided for and the sub- ject matter of which is not capable of being estimated in money valuethis Article 23 also is indicative of the legislative mind. It indicates that such Court-fees are payable when plaint petition or application including memorandum of a