Section 35: Power to reduce or remit fees

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870

Legal Commentary & Landmark Judgments: Section 35

Section 35 of the Court Fees Act, 1870 empowers the appropriate Government to reduce or remit all or any of the fees mentioned in the First and Second Schedules, providing the statutory foundation for court fee exemptions for women, SC/ST litigants, and indigent persons.

  • Government Power to Reduce or Remit Fees: The appropriate Government may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of the territories, all or any of the fees mentioned in the First and Second Schedules.
  • Social Justice Notifications: Many States (e.g., Maharashtra, Delhi, Karnataka) have issued landmark Section 35 notifications exempting women litigants, juvenile victims, and SC/ST citizens in matrimonial and maintenance disputes.
  • General or Specific Application: May be granted generally or in favor of specified classes of persons or categories of litigation.
  • Constitutional Validity: Reflects affirmative state action under Article 15(3) and Article 39A to facilitate access to justice.
Key Landmark Precedents:
  • State of Maharashtra v. Mishrilal Tarachand Lodha, AIR 1964 SC 457: The Constitution Bench settled that Section 35 confers broad executive discretion on State Governments to reduce or remit court fees to advance social welfare and access to courts.
  • Girija v. K.V. Pathrose, AIR 1999 Ker 148: The High Court authoritatively held that notifications issued under Section 35 granting court fee exemption to women litigants must be applied liberally in all matrimonial, property, and maintenance claims.
Courtroom Practice & Strategic Litigation Guidance:

Before depositing court fees in suits filed by female clients or socially marginalized litigants, verify whether your State has issued a Section 35 exemption notification; if applicable, claim full statutory exemption in the valuation paragraph of the plaint.