Suit for maintenance – Court fee – Ad valorem – If a petition is filed before the Family Court for the purpose of maintenance then in terms of Section 7 of the Act ad volorem Court fee is not liable to be paid. [PLRonline 3319205]

Full Judgment with detailed headnotes for Online Subscribers (opens automatically) (Click to subscribe Trial Pack)

Family Courts Act, 1984 Section 7 – Civil Procedure Code, 1908, Order 33, Rule 10 – Suit for maintenance – Court fee – Ad valorem – if a petition is filed before the Family Court for the purpose of maintenance then in terms of Section 7 of the Act ad volorem Court fee is not liable to be paid because the proceedings initiated are in the nature of the petition and not the suit – If no ad volorem Court fee is payable for a petition filed before the Family Court then the question of recovery of the Court fee from the defendant against whom the decree has been passed in terms of Section 33 Rule 10 of the cpc would not arise  [Paras 15 and 17]