Dr. S. RADHAKRISHNAN, J.:-

In view of various conflicting decisions of a number of Single Judges, the Hon'ble the Chief Justice has referred the following Question for being answered:

"Whether a woman litigant who files a petition for grant of Probate of a Will is exempted from payment of Court Fees as per Government Notification dated 1st October, 1994 duly amended by an explanatory notification dated 23rd March, 2000?"

2. The aforesaid Notifications read as under:

REVENUE AND FORESTS

DEPARTMENT

Mantralaya, Bombay 400032,

dated 1st October, 1994.

Bombay Court Fees Act, 1959.

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

And where as the same 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 conf

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