Kerala High Court Faces Challenge Over Ad Valorem Court Fees for Family and NI Act Cases
A bench comprising Justices A Muhamed Mustaque and MA Abdul Hakhim issued notice to the State government on Thursday regarding a petition filed by Advocate Jobin PS, Secretary of the Varkala Bar Association.
A petition has been filed in the Kerala High Court opposing the new ad valorem (proportionate) court fees for family court and Negotiable Instruments Act (NI Act) cases. Adv. Jobin PS from the Varkala Bar Association moved the petition, and the bench comprising Justices A Muhamed Mustaque and MA Abdul Hakhim issued notice to the State government.
Previously, petitions under Section 7(1)(c) of the Family Courts Act cost ₹50, and filing cheque bounce cases under the NI Act cost ₹10. However, the Kerala Finance Bill, 2024 proposes changes to these fees. If passed, litigants will have to pay fees based on their claim amounts.
Though the bill hasn't passed yet, its tax proposals will be in effect from April 1, 2024, according to the Kerala Provisional Collection of Revenues Act, 1985. An office memorandum dated April 2 directs the courts to collect revised fees in these cases.
Jobin argued that these fees will make it harder for vulnerable citizens to access justice, violating their rights under Articles 14 and 21 of the Constitution. Most family court litigants are women who depend on their spouse's income. Those filing NI Act cases have already lost money.
Jobin seeks to annul the amendments and Registrar General's directions. The matter will be considered after the Court's summer vacations.
