The High Court at Bombay exempted a visually impaired widow petitioner from payment of court fees and restored her testamentary petition regarding her deceased son's estate, which was previously dismissed only for non-payment of fees.
Exemption from payment of court fees; petition restored to file to proceed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
902-NMT154-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 154 OF 2016
IN
TESTAMENTARY PETITION (L) NO. 1952 OF 2015
Santosh Kamlakar Bagul…Deceased
And
Mrs. Kesarabai Kamlakar Bagul…Petitioner
Mr. S.K. Dubey, for the Petitioner.
CORAM: G.S. PATEL, J DATED: 31st August 2016
PC:-
1.The Petitioner, Mrs. Kesarabai Kamlakar Bagul, is present in
Court. She is clearly suffering from a visual impairment. Following
my order of 29th August 2016, I am inclined to exempt her from
payment of court fees. As I noted on that day, the non-payment of
court fees was the only reason her Petition was dismissed. She is a
widow, and this Petition is for Letters of Administration to the
estate of one of her sons, Santosh Kamlakar Bagul. He died intestate
and a bachelor.
Page 1 of 2
31st August 2016
902-NMT154-16.DOC
2. In fairness, her Advocate points out that she does have two more sons. They run some small food stall, and it is on this income that the Petitioner, her sons and their families survive.
3.Having regard to all these circumstances, and having seen the
Petitioner who is personally present in Court, I am exempting her
from payment of all court fees. The Department will not insist on
payment of court fees. The Petition is restored to file and to proceed
accordingly.
4. The Notice of Motion for restoration of Petition is disposed of in these terms with no order as to costs.
5. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
31st August 2016
1 issue framed by the court
Whether to restore a testamentary petition dismissed for non-payment of court fees when the petitioner is a visually impaired widow.
1 provisions across 1 enactments
Mrs. Kesarabai Kamlakar Bagul
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court