04 July 2024 Armed Forces Tribunal >> Miscellaneous  

In a recent victory for spouses of Indian soldiers, the Bombay High Court ruled that a wife can be exempt from court fees even if she is not entirely financially dependent on her husband. The decision comes after a woman, whose husband serves in the Army, challenged a lower court order directing her to pay court fees in a lawsuit.

The wife, who remains unnamed in the court order, had filed a suit against her former employer seeking relief related to her termination. Citing her status as an Army officer's wife, she claimed exemption from court fees under a government notification. This notification grants fee remission to family members of Indian soldiers.

The lower court, however, sided partially with the defendant company. While acknowledging the notification, it interpreted the clause requiring the family member to be "wholly dependent" on the soldier in a strict financial sense. Since the petitioner had previously held a well-paying job, the court directed her to pay court fees.

The High Court, however, took a more nuanced view. It recognized that "wholly dependent" can encompass emotional and physical dependence within a family unit. Considering that the petitioner resided with her husband and children, the court concluded that she qualified for the fee exemption despite her past employment.

This decision holds significance for spouses of soldiers who may not be entirely financially reliant on their partners but still depend on them for overall well-being. The High Court's interpretation ensures they can access the justice system without facing an undue financial burden.

The court order quashed the lower court's decision and allowed the writ petition filed by the wife. This means she is no longer required to pay court fees, and her lawsuit can proceed in the lower court based solely on its merits. The court also directed the lower court registry to refund the fees already paid by the petitioner.

  BOMBAY COURT FEES ACT, 1959