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1996 Supreme(Ker) 14

V.V.KAMAT, P.K.BALASUBRAMANYAN
Saleesh Babu – Appellant
Versus
Deepa – Respondent


Judgment :-

Balasubramanyan, J.

This appeal has come up before us for orders in view of the reference made by the Taxing Officer on the question of court fee payable on this appeal filed by the respondent in a proceeding before the Family Court.

2. Originally, the wife, the respondent in the appeal, initiated proceedings by way of an indigent suit for recovery of a sum of Rs. 2,11,629/ - claimed as the value of the ornaments and other assets belonging to her but appropriated by the appellant who is the husband. The proceeding was imated before the Subordinate Judge's Court of Irinjalakuda before the constitution of Family Court having jurisdiction over the area in question. On the constitution of the Family Court, the proceeding was transferred to the Family Court at Ernakulam and the proceeding was continued. Overruling the defence put forward by the husband-appellant in part, the Family Court granted the wife, the respondent herein, a decree for Rs. 1,36,875/- being the value of ornaments due to her. Since the proceeding was originally filed as a suit before the Subordinate Judge's Court of Irinjalakuda, the Family Court also ordered that the Court fee payable on the plaint would b







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