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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 4959 OF 2011

Abdul Hakim S/o Abdul Jalil,

Age : 38 Years, Occu. : Business,

R/o Mukdampura, Wangi Road,

Parbhani, Tq. & Dist. Parbhani.

.. Petitioner

Versus

1.

Zahrunisa Begum W/o Bashir Ahmed,

Age : 71 Years, Occu. : Household,

R/o Bashir Manzil, Near Grant Hotel,

Parbhani, Tq. & Dist. Parbhani.

2.

Shaikh Abdul Rauf S/o Shaikh Abdulla,

Age : 71 Years, Occu. : Agril.,

R/o Rahim Nagar, Parbhani,

Tq. & Dist. Parbhani.

.. Respondents

Shri H. I. Pathan, Advocate for the Petitioner.

Shri P. N. Kalani, Advocate for the Respondent No. 1.

Shri A. L. Tikle, Advocate for the Respondent No. 2.

CORAM : S. V. GANGAPURWALA, J.

DATE ON RESERVED FOR JUDGMENT : 13/10/ 2011.

DATE ON JUDGMENT PRONOUNCED : 21/10/2011

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JUDGMENT :

.

Rule. Rule returnable forthwith. With the consent of

parties taken up for final hearing.

2.

The present respondent No. 1 has instituted a civil suit

claiming damages of Rs. 5,00,000/- towards mental agony and

violence caused due to the activity of the defendants. The said

suit was filed on the premise that the plaintiff had purchased

land Sy. No. 18 of village Khanapur on 25th November, 1974.

The said land was mutated in her name. The defendants

instituted civil litigation of the said land gat No. 18 and the

plaintiff/present respondent No. 1 had to face the said litigation.

The defendants filed suit in the year 1981. Thereafter appeal

and second appeal. It was further contended by the plaintiff that

the defendants had also instituted proceedings before revenue

authorities. Because of all such illegal proceedings the plaintiff

had to suffer mental agony, shock, pain and as such claimed

compensation. According to the plaintiff the same amounted to

violence. The plaintiff claimed exemption from payment of court

fees.

03.

The present petitioner appeared. Thereafter, filed an

application for rejection of plaint on the ground that the court

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fees is not paid as is required. The Trial Court after hearing the

parties rejected the application of the petitioner and held that in

view of the notification issued by the Government of

Maharashtra dated 01.10.1994 the plaintiff being a woman

litigant is exempted from payment of court fees. The said order

is assailed in the present writ petition.

04.

Shri Pathan, the learned counsel for the petitioner and

Shri Tikale, the learned counsel for the respondent No. 2 submit

that the suit as is filed cannot relate to violence. The

proceedings before the Civil Court and the Revenue Court are

instituted as per the legal provisions. The plaintiff cannot claim

any act of violence on the part of the defendants for instituting

civil proceedings. The petitioner has every right to institute the

proceedings for vindicating his right. The plaintiff being a

woman litigant cannot be exempted from payment of court fees

while claiming damages on account of alleged mental agony

alleged to have been suffered by her on account that the

proceedings were filed. The Court while rejecting the application

of the petitioner has not come to the proper conclusion. The

notification has not been properly interpreted.

05.

Shri Kalani, the learned counsel for the respondent No.

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1/plaintiff strenuously contends that :

a)

The term violence has been given a liberal

interpretation. The words used in the notification are "in

matters relating to maintenance, property, violence and divorce".

The words "relating to" cover not only four specified matters, but

also matters incidental thereto. On account of the false litigation

initiated on th