Answer By law4u team
Legal proceedings often involve payment of court fees, which can be a barrier for senior citizens who may have limited income or savings. Recognizing this, Indian laws and some state government rules provide for exemption or concession of court fees for elders, especially in cases concerning maintenance, property disputes, or welfare. This helps ensure access to justice without undue financial hardship.
Legal Provisions for Court Fee Exemption for Senior Citizens
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 22(3) empowers tribunals to waive or reduce court fees for senior citizens filing maintenance applications to ensure speedy and affordable justice.
State-Specific Court Fee Exemption Rules
Many states like Maharashtra, Karnataka, Tamil Nadu, and Uttar Pradesh have specific notifications exempting senior citizens (usually 60+ years) from paying court fees or granting them substantial concessions in civil matters.
Legal Services Authorities Act, 1987
Senior citizens can apply for free legal aid under this act, which may cover court fees and legal expenses if they cannot afford them.
High Court and Supreme Court Rules
Several High Courts allow exemption or concession of court fees for senior citizens in public interest litigations or personal law matters.
Judicial Discretion
Courts often exercise discretion to waive court fees if the litigant is unable to pay due to old age, illness, or poverty.
How Senior Citizens Can Avail Court Fee Exemptions
Submit Age Proof
Provide valid identity proof (Aadhar, PAN, pension card) to prove senior citizen status.
File an Application for Fee Waiver
Request the court or tribunal for exemption or reduction citing age and financial condition.
Approach Legal Aid Clinics
Many district legal services authorities (DLSA) help elders file fee waiver requests and represent them free of cost.
Check State Government Notifications
Review local rules or consult a lawyer to understand specific state-wise benefits.
Utilize Maintenance Tribunals
These tribunals specifically cater to senior citizens and generally do not impose heavy court fees.
Example
A 68-year-old woman files a petition for maintenance against her son in a civil court. She has limited income and cannot afford the court fees.
Steps she should take:
Submit proof of age and income certificate to the court.
Apply for exemption or waiver of court fees citing Section 22(3) of the Senior Citizens Act.
Seek assistance from the local legal aid clinic to file the application properly.
If exemption is granted, proceed with filing without paying the fee or pay the reduced fee.
If rejected, file an appeal or request judicial reconsideration.
