What Is the Court Fee for Filing a Divorce Petition Under the Special Marriage Act in Kerala?

A recurring question among litigants and practitioners in Kerala is: what is the court fee for filing a divorce petition, styled as an original petition (OP), under the Special Marriage Act, 1954, before the High Court? The answer lies in a specific entry of the Kerala Court Fees and Suits Valuation Act, 1959, and understanding it correctly can save litigants from objections over deficient or excess court fee at the filing stage.

The Short Answer: Article 21 of Schedule II

The court fee for a petition for divorce under the Special Marriage Act, 1954, presented as an original petition before the High Court of Kerala, is governed by Article 21 of Schedule II of the Kerala Court Fees and Suits Valuation Act, 1959. This entry prescribes a fixed fee of Rs. 37.50 (thirty-seven rupees and fifty naye paise).

The provision reads:

Plaint application petition or memorandum of appeal under the Parsi Marriage and Divorce Act 1936, the Special Marriage Act 1954 or the Hindu Marriage Act 1955 provided that where in addition to divorce damages are claimed court-fees payable are Rs. 37.50 paise... 1971 0 Supreme(Guj) 103

Notably, Article 21 does not apply to the Special Marriage Act alone. It covers petitions and appeals under the Parsi Marriage and Divorce Act, 1936 and the Hindu Marriage Act, 1955 as well, creating a uniform fixed-fee regime for matrimonial proceedings in the High Court.

When Does the Fixed Fee Alone Suffice?

The base fee of Rs. 37.50 is all that a litigant ordinarily needs to pay when the relief sought is divorce alone. The Kerala High Court has interpreted Article 21 as covering plaints, applications, petitions, or memoranda of appeal where the final reliefs under the matrimonial statutes are claimed 1971 0 Supreme(Guj) 103.

A significant clarification flows from the interpretation of the proviso: the court has observed that the proviso to Article 21 is clearly indicative of the position that only plaints, applications, petitions, or memoranda of appeal claiming final reliefs were contemplated — not interlocutory applications such as an application for alimony pendente lite under Section 24 of the Act 1971 0 Supreme(Guj) 103. In other words, interim applications in a pending matrimonial petition are not subjected to the same fee structure.

The Additional Fee When Damages Are Claimed

The proviso to Article 21 introduces an important exception. If a petitioner claims damages in addition to divorce, the fee structure changes:

• The fixed fee of Rs. 37.50 remains payable as the base fee; and
• An additional ad valorem fee must be paid on the amount of damages claimed, calculated according to the scale prescribed under Article 1 of Schedule I of the Act 1971 0 Supreme(Guj) 103.

This ad valorem component ensures that monetary claims embedded within a matrimonial petition are charged in proportion to their value, while the matrimonial relief itself carries only the nominal fixed fee.

Related Fixed-Fee Principles in Matrimonial Matters

Kerala's fixed-fee approach for matrimonial proceedings finds echoes elsewhere. In an appeal arising from a Family Court order under Section 27 of the Hindu Marriage Act, a court held that the appellant was liable to pay only a fixed court fee under Article 21A of Schedule II of the Court Fees Act, and that ad valorem court fee was not payable on the memorandum of appeal, since the appeal fell within the special forum created under Section 19 of the Family Courts Act, 1984 1999 0 Supreme(All) 1763. This reflects a consistent judicial tendency to shield matrimonial litigation from ad valorem levies unless a genuine monetary claim, such as damages, is separately made.

Similarly, in maintenance proceedings before Family Courts, courts have held that claims under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 are not suits, and only a fixed court fee — not ad valorem fee — is payable

Master Aditya Vikram Kansagra VS Perry Kansagara

Points to Keep in Mind Before Filing

• Forum matters. The Rs. 37.50 fixed fee under Article 21 applies to petitions presented in the High Court. If the divorce petition is filed before a Family Court or District Court, the applicable fee entry and valuation rules must be independently verified 1971 0 Supreme(Guj) 103.
• Damages trigger ad valorem fee. A pure divorce petition attracts the fixed fee; adding a damages claim brings Article 1 of Schedule I into play 1971 0 Supreme(Guj) 103.
• Interim applications are distinct. Applications for interim relief, such as alimony pendente lite, are not covered by Article 21's fee structure 1971 0 Supreme(Guj) 103.
• Writ jurisdiction is treated differently. A petition pursued as a writ petition under Article 226 of the Constitution attracts the fee entry applicable to writ petitions, not the matrimonial entry. The Kerala Finance Act, 2025 amended the 1959 Act to enhance fees on writ proceedings, and courts have held that the fee payable on an appeal follows the rate in force when the original proceedings were initiated, protecting litigants from retrospective increases 2025 0 Supreme(Ker) 3255.
• Deficient fee is curable. Where a valuation or court fee defect is flagged, courts have consistently directed that the party be given an opportunity to pay any deficit rather than having the petition dismissed outright 2026 Supreme(Online)(Ker) 9946.

Key Takeaways

The court fee for filing a divorce original petition under the Special Marriage Act, 1954 before the Kerala High Court is a nominal fixed fee of Rs. 37.50 under Article 21 of Schedule II of the Kerala Court Fees and Suits Valuation Act, 1959, with an additional ad valorem fee payable only if damages are claimed alongside divorce. The structure reflects the legislature's intent to keep access to matrimonial remedies affordable while still charging proportionately for monetary claims. Court fee rules, however, are amended from time to time — as the 2025 Kerala Finance Act demonstrates — so the exact figure and applicable entry should generally be confirmed with the High Court's registry or a qualified advocate before filing, as this discussion is general information and not specific legal advice.