Chhattisgarh HC Orders Income Check Before Deciding Woman’s Court-Fee Waiver Claim Based on Certificate Showing Annual Income Up to ₹25,000

The petitioners, plaintiffs in a suit for declaration of title, partition and possession, sought exemption from court fees under Section 35 of the Court Fees Act.

Their earlier application had been rejected, and this Court had dismissed their challenge while permitting them to renew the application with supporting documents.

On renewal, the trial court again rejected the application, reasoning that the petitioners’ combined annual income exceeded the prescribed limit and also referring to non-compliance with Order 33, Rule 2 CPC.

The petitioners challenged that order under Article 227, relying on income certificates and the State notifications concerning exemption for persons within the prescribed income limit and for women.

Section 35 of the Court Fees Act governed the petitioners’ application for exemption from court fees.

The State notification dated 1 April 1983, as amended by the notification dated 20 June 2008, provided for exemption for women whose annual income did not exceed Rs. 25,000.

In deciding an application dependent on disputed income and financial capacity, the court should obtain a report from the competent authority where necessary to verify the applicant’s income before determining eligibility.

The High Court exercised supervisory jurisdiction under Article 227 to correct the trial court’s order.

The trial court had considered the parties’ documents and submissions but had not obtained any report verifying the petitioners’ individual annual incomes or the income certificates they produced.

Given the dispute over their earnings and financial capacity, the trial court should have sought a report from a competent authority rather than treating the petitioners’ combined income as determinative without that verification.

The Court also observed that plaintiff No. 2’s income certificate showed income within the Rs. 25,000 threshold for women, making her eligible for exemption subject to verification; it did not, however, finally determine the application on its merits.

It remitted the application to the trial court, directing it to obtain a report from the competent authority on the plaintiffs’ annual incomes and then decide the Section 35 application in accordance with law and on its merits.