( 1 ) THE core question Involved here Is whether the appellant Is liable to pay fixed court fee of Rs. 37. 50 under Article 21a of Schedule II of the Court Fees Act as amended in U. P. for the purposes of payment of court fee in the appeal from final order passed in disposing of the application under Section 27 of the Hindu Marriage Act, 1955 (In short the Act) or ad valorem court fee on the basis of valuation fixed In the appeal.

( 2 ) BRIEFLY stated the facts are that Dinesh Chandra Saxena. the appellant herein, filed suit for divorce against his wife Smt. Nootan Saxena on the grounds mentioned under Section 13 of the act before the Family Court. The suit for divorce was decreed. His wife filed an application under Section 27 of the Act to return her stridhan which were in possession of her husband. The judge. Family Court allowed the application and directed the appellant to pay sum of Rs. 51,000 to the respondent for the goods which were returnable by him to his wife. The appellant filed appeal against this order dated 27. 7. 1999 under Section 19 of Family Courts Act, 1984 (In short 1984 Act ). The Stamp Reporter reported that the appellant was liable to pay ad valorem court fee of Rs. 4,195. The appellant disputed this demand. The Additional Registrar took the view that the ad ualorem court fee is payable by the appellant under Section 7 (1) (iv) of the Court Fees act, 1870. The appellant raised an objection against this decision. The matter has now been referred to me by the Honble the Chief Justice.

( 3 ) IF any decree is passed under the provisions of Hindu Marriage Act, 1955. appeal lies under section 28 of the said Act. Section 28 reads as under;

"28. Appeal from decrees and orders.- (1) All decrees made by the Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be applicable as decrees of the court made in the exercise of its original civil Jurisdiction, and every such appeal shall He to the court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(2) Orders made by the Court in any proceeding under this Act, under Section 25 or Section 26 shall, subject to the provisions of sub-section 13), be appealable if they are not interim orders and every such appeal shall lie to the Court to which appeals ordinarily He from the decisions of the Court given in exercise of its original civil Jurisdiction.

(3) There shall be no appeal under this section on the subject of costs only. (4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order. "

( 4 ) THE Court fees payable on such an appeal is given under Article 21a of Schedule II of Court fees Act as amended by U. P. Act No. 44 of 1958 which reads as under :

"application, petition or Memorandum of Appeal under the Special Marriage Act, 1954, or the hindu Marriage Act, 1955. . . . . . . . . . . . . . . . . . "thirty-seven rupees and fifty naye paise. "

( 5 ) THE appellant has filed appeal under Section 19 of the Family Courts Act. Article 21a does not make any reference to any appeal under the provisions of the Family Courts Act.

( 6 ) THE Family Courts Act confers Jurisdiction on the Family Court in regard to substantive rights of a party in respect of family matters covered by provisions of Hindu Marriage Act. Sub-section (1) of Section 7 of 1984 Act lays down that subject to the other provisions of the Act. a Family court shall have and exercise all the jurisdiction exercisable by any District Court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation. Explanation (a) of subsection (1) refers to a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be hull and void or, as the case may be, annulling the marriage) or restitution