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2012 Supreme(Bom) 1109

ROSHAN DALVI
Shehala Pramod Desai – Appellant
Versus
State – Respondent


Advocates appeared:
For the Petitioner:Niranjan Pandit i/b. G.V. Aiman, Advocates.
For the Respondent: ---

Judgment :

1. The aspect which the court is called upon to consider is whether the Petitioner Snehala Pramod Desai, who is the widow of the deceased, is liable to pay ad valorem court fee upon the securities shown in the petition which are sought to be transferred to the names of the Petitioner as also the other heirs under the Succession Certificate applied for by the Petitioner.

2. The Petitioner is the widow of the deceased who is one of the heirs alongwith her two married daughters. Counsel on behalf of the Petitioner stated that only the Petitioner has applied for waiver/exemption of court fee on the ground that she is a woman and that the securities will be used for her maintenance.

3. The Petition has been filed simplicitor for issue of succession certificate in respect of the securities left by the deceased husband of the Petitioner. The Petitioner has not stated or substantiated that the Petitioner, as the widow, is not able to otherwise maintain herself.

4. It is settled position in law that a woman is entitled to waiver/exemption of court fee only in respect of applications for maintenance in matrimonial disputes or with regard to divorce and family law matters and not















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