Calculation of Court Fees for Money Suits and Maintenance: Sections 20, 21 & 22 of The Rajasthan Court Fees and Suits Valuation Act, 1961

How Court Fees Are Calculated (Section 20)

Rajasthan Court Fees and Suits Valuation Act, 1961, lays down special rules for ascertaining the court fee to be paid in various kinds of cases. Determination of the fees is made in accordance with this Act, especially those referred to in this chapter, Chapter VI, Chapter VIII, and Schedules I and II. The guidelines provide for court fees to be imposed uniformly and impartially on various cases.

Court Charges in Money Suits (Section 21)

When an individual sues to recover money, the court charge is determined with respect to the aggregate amount being sued for. This is applicable to money suits for damages, compensation, unpaid wages, arrears of maintenance, annuities, and other periodic payments. For instance, if an individual files a suit to recover ₹1,00,000 as unpaid dues, the court charge is to be calculated with respect to this amount.

There is a special provision for cases instituted under the Fatal Accidents Act, 1855, that pertains to claims for compensation for accidental deaths. Irrespective of the amount of compensation claimed in such cases, the plaintiff has to pay only a flat court fee of ₹10 for instituting the suit or appeal. This provision enables accident victims’ families to pursue justice without incurring financial costs.

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Court Fees for Maintenance and Annuities (Section 22)

Maintenance cases are cases of financial assistance that a person is legally bound to give to another, like a husband giving maintenance to his wife. In a suit for maintenance, the court fee is determined on the basis of the amount claimed for one year. For example, if a person claims ₹6,000 monthly as maintenance, the court fee will be determined on ₹72,000 (₹6,000 × 12 months).

When a person files a case to enhance or reduce maintenance, the court fee depends on the difference between the existing maintenance and the sought amount. For instance, if a person is receiving ₹5,000 every month and they want it enhanced to ₹7,500, the fee is worked out for ₹30,000 (₹2,500 × 12 months).

In cases of annuities or other periodical payments, the court fee is calculated on five times the sum claimed for a year. If an annuity of ₹15,000 annually is in dispute, the fee is calculated on ₹75,000. But if the annuity is to be paid for fewer than five years, the court fee is calculated on the sum payable for such period.

There are also provisions on where a maintenance suit is to be filed. If an individual wishes to have their maintenance increased, the suit has to be filed in a court with jurisdiction over the increased amount. Likewise, if an individual wishes to have the maintenance decreased, the suit has to be filed in a court with jurisdiction over the reduced amount. This is to ensure that the appropriate court hears the case depending on the amount involved.

These sections clarify the manner in which court fees are calculated for financial cases so that plaintiffs pay fees based on the nature and sum of their claims.