JUDGMENT Ghulam Hasan and Madeley, JJ. - The question involved in the office report is whether a petition u/s 16 of 1 the Indian Divorce Act for making, a decree nisi absolute is chargeable with a court- fee stamp payable on an ordinary application to this Court or with a fee of Rs. 37-8 (including surcharge) under Article 20 of Schedule II of the Court Fees Act. The office report says that the practice in the Allahabad and Lahore High Courts " is to -.treat these petitions as ordinary applications and not under Article 20 of Schedule II. The practice in this Court, however, has been different. We are unable to understand on what ground the High Court of Allahabad and Lahore follow this practice. In our opinion the case falls under Article 20 of Schedule II of the Court Fees Act. It runs thus:- 20. Every petition under the Proper fee Indian Divorce Act, except petitions Thirty rupees, u/s 44 of the same Act, and every memorandum of appeal u/s 55 of the same Act. Neither Section 44 nor Section 55 is admittedly applicable to the case. Section 44 refers to the power of the High Court to make certain orders and provisions with respect to the custody maintenance and education of the minor children and so on, after a decree absolute for dissolution of marriage has been passed. Section 56 refers to appeals against all decrees and orders made by the Court in any suit or proceedings under the Indian Divorce Act. Section 16 of the Indian Divorce Act says: Every decree for a dissolution of marriage made by a High Court not being a confirmation of a decree of a District Court, shall, in the first instance, be a decree nisi, not to be made absolute till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court, by general or special order from time to time, directs............... Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move to have such decree made absolute, the High Court may dismiss the suit. 2. It follows from these provisions that it is necessary for a petitioner to move the High Court to have the decree made absolute and he must file a petition on pain of dismissal of his suit. 2. It follows from these provisions that it is necessary for a petitioner to move the High Court to have the decree made absolute and he must file a petition on pain of dismissal of his suit. Article 20 of Schedule II refers to every petition under the Indian Divorce Act with only two exceptions and must be held to include a petition to have the decree made absolute. We hold, therefore, that Article 20 of Schedule II is applicable and the petitioner is liable to pay a court-fee of Rs." 37-8-0. We understand that this court-fee has already been deposited and no further orders are necessary. 3. The learned Government Advocate upon whom notice was issued asks for his minimum costs of Rs. 16 against the petitioner. We order accordingly.