IMPORTANT POINT
Proceedings under Sections 18 and 20 of Hindu Adoptions and Maintenance Act are not Suits and ad valorem court fee is not liable to be paid.

JUDGMENT

Sanjeev Sachdeva, J.—Appellant impugns order dated 22.02.2020 whereby in respect of a petition filed by the Appellants, under Section 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the Act), the Family Court directed the appellants to segregate the amount of maintenance claimed by each of them and directed Appellant No. 2 to pay ad-valorem court fee on the amount claimed by her.

2. Appellant No. 1 is the son of the Respondent and the Appellant No. 2 is the wife of the Respondent and mother of Appellant No. 1. Appellants filed the subject proceedings under Section 18 and 20 of the Hindu Adoption and Maintenance Act claiming maintenance from the Respondent.

3. The Family Court has held that as the Appellants have filed a Suit under Section 18 and 20 of the Hindu Adoptions and Maintenance Act, ad-valorem Court Fee is payable in terms of Section 7 of the Court Fees Act, 1870.

4. Per contra, learned counsel for the Appellants contends that the proceedings under Section 18 and 20 of the Hindu Adoptions and Maintenance Act are proceedings and not a Civil Suit and as such fixed court fee is payable as per the second Schedule.

5. Respondent was served with the notice of the appeal and had entered appearance and was represented through Counsel. On 20.05.2022, counsel for the Respondent stated that the Respondent had withdrawn the power of attorney granted to them to represent him and accordingly the vakalatnama of the Counsel was discharged and default notice was directed to be sent to the Respondent. On 12.09.2022, despite service of notice, none appeared for the Respondent and accordingly, respondent was proceeded ex-parte.

6. The question that arises for consideration is as to whether ad valorem court fee is payable on a claim for maintenance filed under Section 18 and 20 Hindu Adoption and Maintenance Act, 1956?

7. Maintenance can be broadly claimed by a Hindu wife under three provisions. Firstly under Section 18 of the Hindu Adoption and Maintenance Act, secondly under Section 24 and 25 of the Hindu Marriage Act, 1955 and thirdly under Section 125 Criminal Procedure Code., 1973 and a son under Section 20 of the Hindu Adoption and Maintenance Act and under Section 125 Criminal Procedure Code.

8. The relevant provisions of the Hindu Adoptions and Maintenance Act, 1956 read as under:—

“18. Maintenance of wife.––(1) Subject to the provisions of this Section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claims to maintenance,––

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her;

(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;

(c) ******

(d) if he has any other wife living;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere;

(f) if he has ceased to be a Hindu by conversion to another religion;

(g) if there is any other cause justifying her living separately.

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or cease to be a Hindu by conversion to another religion.

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20. Maintenance of children and aged parents.––(1) Subject to the provisions of this Section, a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long