Plea before Kerala High Court challenges revised court fees for Family Court, NI Act cases

A petition has been moved before the Kerala High Court challenging the imposition of ad valorem (proportionate) court fees for family court cases and cases that fall under the Negotiable Instruments Act (NI Act). [Adv. Jobin PS v. State of Kerala & Ors.].A bench and Justices A Muhamed Mustaque and MA Abdul Hakhim on Thursday issued notice to the State government on the petition which was moved by the Secretary of the Varkala Bar Association, advocate Jobin PS..Until now, filing petitions under Section 7(1)(c) of the Family Courts Act cost ₹50 and filing cheque bounce cases under the NI Act cost ₹10 as court fees. However, the Kerala Finance Bill, 2024 has proposed certain amendments to the Kerala Court Fees and Suits Valuation Act, 1959 with respect to change in court fees in these categories of cases. If the Bill is passed by the Legislative Assembly, litigants approaching courts with such cases will have to pay fees that are proportionate to the claim made in their suits. Even though the bill has not been passed, the tax proposals in the Bill will have effect from April 1, 2024 in accordance with the provisions under the Kerala Provisional Collection of Revenues Act, 1985. A declaration to that effect is also made in the Bill.Therefore, by an office memorandum dated April 2, the Registrar General of the Kerala High Court directed the courts concerned to collect the revised court fees in these categories of cases in accordance with the amendments proposed..Jobin argued that imposing ad valorem court fees in such cases would make it more difficult for citizens from vulnerable sections to approach courts to settle their grievances. This, he contended, amounts to deprivation of the fundamental right to access justice guaranteed under Articles 14 and 21 of the Constitution of India. With regard to cases before family courts, it was pointed out that most of the litigants are women, mostly depending on the income of their spouse to meet their daily needs. For private complaints under Section 138 of the NI Act which deals with cheque bounce cases, it was pointed out that the affected party would have already lost money and is constrained to approach the court for legal recourse. .Arguing that imposing additional monetary burdens on litigants in such cases is unjust, Jobin has sought quashing of the amendments and the directions of the Registrar General..The matter will be considered next after the Court reopens following its upcoming summer vacations. .Jobin was represented by advocates Sajith Kumar V, Vivek AV, H Kiran, Sreehari VS, Ammu M and Sherin Davis. .[Read Order]