2008 (3) AIR Bom R 820

Bombay High Court

Hon'ble Judge(s): S. Radhakrishnan, Anoop V. Mohta , JJ

(A) Bombay Court-fees Act (36 of 1959) , S.46— Government Notification dated 1-10-1994 as amended by explanatory Notification dated 23-3-2000 - Exemption Notification - Interpretation - Woman litigant filing petition for grant of probate of Will - Is not exempted from payment of Court fees - Words "property dispute arising out of or concerning matrimonial matters" in explanatory Notification - Should be given their plain and simple meaning, that is dispute arising between parties to marriage. Succession Act (39 of 1925) , S.218— By virtue of Section 46 of the Bombay Court Fees Act, 1959, the Government of Maharashtra issued a notification dated 1-10-1994, remitting the Court fees payable by women litigants on any of the plaints, applications, petitions, memoranda of appeals or any other documents specified in the first and second schedules to the said Act to be filed in any civil, family or criminal Court in respect of cases relating to (a) maintenance (b) property disputes (c) violence (d) divorce. By virtue of an amending notification dated 23-3-2000, the term 'property disputes' as envisaged under the previous notification dated 1-10-1994, was explained as property disputes arising out of and concerning matrimonial matters. Notwithstanding the fact that the Notification exempting a certain class of women from payment of fees is a beneficial....