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1995 Supreme(Bom) 414

A.P.SHAH
Deepa Shashikant Godambe – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.P. SHAH, J. :---Whether the petitioner is entitled to avail of the benefit of the notification dated October 1, 1994 issued by the Government of Maharashtra under section 46 of the Bombay Court-fees Act, 1959 ("Act", for short) with a view to promote the welfare of the women, is a short question, which falls for my consideration in this petition under Article 227 of the Constitution.

2. The notification dated October 1, 1994 reads as follows :

"Revenue and Forests Department Mantralaya, Bombay 400 032, dated the 1st October, 1994.

Bombay Court Fees Act, 1959.

No. STP/1094/CR-859/M-1.---Whereas, the Government of Maharashtra has recently announced a policy with a view to promote the welfare of the women;

And whereas, the said welfare policy for women inter alia, provides for exemption of Court fees for women litigants in cases relating to maintenance, property right, violence and divorce.

And whereas, section 46 of the Bombay Court Fees Act, 1959 (Bom. XXXVI of 1959) empowers the State Government by notification in the Official Gazette to reduce or to remit any of the fees mentioned in the First and Second Schedules to that Act :

Now, therefore, in exercise of the powers confe










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