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Court fees – Remission to Indian Soldier and family

July 6, 2024 legaldeli

Plaintiff – wife of the Army Officer & Vice President – filed civil suit for declaration, damages, reinstatement, and injunction pursuant to her termination by the Defendants. In the valuation of the suit, she has claimed exemption from payment of court fees in view of the State Government Notifications dated 11.11.1965 and 2.3.1977 read with Government Circular dated 14.12.1990.

Respondent No.1 filed application dated 31.1.2024 for dismissal of the suit under Order VII Rule 11(c) of the CPC. This was allowed by the Order dated 12.2.2024.

HELD that the Notification dated 11.11.1965 provides for exemption to the dependent family members of Indian Soldier. The ethos and intention of the legislature to grant remission from court fees in existence since 1965 needs to be considered. Once it is proved that the plaintiff is no longer employed and independent at the time of filing suit, she would fall in the exempted category. It cannot be said that she would be in a position to sustain herself on her own merely because she had big bank balance or in the past purchased car of Rs.50 lakhs and also home loan. It is all the more reason now to believe that the plaintiff would be entirely dependent on her husband for payment of EMIs.

The specific defence of the defendant no.1 that the plaintiff has not pleaded that she is wholly dependent on her husband in the suit plaint cannot be a ground to reject her case and direct payment of court fee.

Judgment dated 4.7.2024 of the Bombay High Court in W.P.No7525 of 2024 of Anjlli Patil alias Anjlii Gaurav Sharma Vs. Bajaj Allianz Life Insurance Ltd and others.

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