Case Note & Summary
The petitioner wife challenged an order of the Family Court No.6, Bandra, Mumbai dated 25 July 2012, which directed the respondent husband to value the relief of possession in his petition as on the date of filing the petition, based on valuation by the Sub Registrar, Borivali. The husband had filed a petition in 2000 for declaration of nullity of marriage and for possession of the matrimonial flat. He paid fixed court fee for the nullity relief but did not value the possession relief. The wife objected, seeking rejection of the plaint. Subsequently, the husband valued the property under Section 6(v) of the Bombay Court Fees Act at Rs.22 lacs (based on a 1997 gift deed) and paid Rs.37,000 court fee. The Family Court accepted the wife's contention that the prayer must be valued at market rate but held that valuation should be as on the date of the petition, not as on the date of valuation. The wife filed a writ petition arguing that valuation should be as on the date of valuation (2012). The High Court considered the sole issue of whether valuation should be as on the date of the petition or as on the date of valuation. The court noted that the petition was filed in 2000, and the order was passed 12 years later. The husband relied on a gift deed of 1997 for valuation in 2012. The court referred to a judgment of the Andhra Pradesh High Court in Koganti Sujani v. Vissamesetti Sankar Babu, which held that valuation as on the date of the suit is material even if amendment shows higher valuation later. The High Court held that the valuation must be as on the date of the petition, but the court may also consider compensation for inadequate valuation over the years. The court dismissed the writ petition, upholding the Family Court's order.
Headnote
A) Family Law - Valuation of Relief - Possession - Bombay Court Fees Act, 1959, Section 6(v) - The issue was whether the husband must value the relief of possession as on the date of filing the petition (2000) or as on the date of valuation (2012). The Family Court directed valuation as on the date of the petition. The High Court upheld this, holding that the valuation must be as on the date of the suit, even if valued later, and that the court may also consider compensation for delayed valuation. (Paras 6-10)
Issue of Consideration
Whether the valuation of the relief of possession in a family court petition should be made as on the date of the petition or as on the date of valuation when valued much later.
Final Decision
Writ petition dismissed. Family Court order dated 25 July 2012 upheld. The valuation of the relief of possession must be as on the date of the petition, not as on the date of valuation.
Law Points
- Valuation of relief for possession must be as on date of filing of petition
- not as on date of valuation
- Bombay Court Fees Act
- 1959
- Section 6(v)
- market value determination
- court fee payable on relief of possession
