Maintenance under Hindu Adoptions and Maintenance Act,

The Hon’ble high court of Delhi in  in Mat. App. (F.C.) 115/2020, dated  12th October, 2023 , Master Aditya Vikram Kansagra & Anr versus Mr. Perry kansagara  dealing with filing of  maintenance under Section 18 and 20 of the Hindu Adoptions and Maintenance Act,  whether ad-valorem Court Fee is payable in terms of Section 7 of the Court Fees Act, 1870.

Court fees under Section 18 and 20 of the Hindu Adoptions and Maintenance Act,

The Hon’ble Court has held that such  proceedings  are not Suits and ad valorem court fee is not liable to be paid.  And further held that they are  proceedings on which fixed Court Fee of Re. 1.25p would be payable.

The Hon’ble Court has held that all claims for maintenance whether under the Hindu Adoptions and Maintenance Act, Hindu Marriage Act or the Code of Criminal Procedure are within the exclusively jurisdiction of the Family Courts, wherever they have been set up.

Important Judgments –

In Karbhari Vithoba vs. Anusuya Karbhari AIR 1958 Bombay 425, a Division Bench of the Bombay High Court held that a petition under the Hindu Marriage Act must be regarded as a Petition of the nature described in Article 1(b) of the Schedule – II of the Court Fee Act and is liable to court – fee accordingly.

Division Bench of the Hon’ble High Court of  Patna in Srikant Chand vs. Mt. Ram Mohini AIR 1959 Pat 186 held that an Application or Petition when presented to a civil court and not otherwise provided or in the Court Fees Act would be covered by Article 1(b) of Schedule II of the Court Fees Act.

Article 1(b) of Schedule II of the Court Fes Act

Article 1(b) of Schedule II of the Court Fes Act as amended for Delhi reads as under:

Application or Petition

(a) *******

(b) *******

or when presented to a Civil, Criminal or Revenue Court, or to a Collector, or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise .

Proper Fees -One rupee twenty   five naye paise

Conclusion

Accordingly, it is held such proceedings are not Suits and ad valorem court fee is not liable to be paid. They are proceedings on which fixed Court Fee of Re. 1.25p would be payable.

For more information for filing a petition under Section 18 and 20 of the Hindu Adoptions and Maintenance Act you may click here.

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