Safeena Bano vs Tarawati & Ors.
2018 Latest Caselaw 7123 Del

$~10
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       CMI 13/2017 & 42804/2017

        SAFEENA BANO                                          ..... Petitioner
                            Through:     Ms. Ankita Patnaik, Adv./DHCLSC

                            versus

        TARAWATI & ORS                                      ..... Respondents
                     Through:            Mr. S.N. Pandey and Ms. Manju
                                         Prasad, Advs. for R1 & R3.

        CORAM:
        HON'BLE MR. JUSTICE VINOD GOEL

                            ORDER

% 03.12.2018 CMI 13/2017 & 42804/2017 (exemption for filing the court fees as an indigent person)

1. The applicant/appellant has impugned the judgment and decree dated 10.03.2015 passed against her. Along with the appeal, she has filed an application under Order XLIV Rule 1 r/w Section 151 Code of Civil Procedure, 1908 (CPC) for exemption from filing the court fees, as an indigent person. She claims to be an illiterate and deserted by her husband and in-laws. She has no source of income and resides with her son and daughter. She has a limited source of income. She does not have any movable or immovable properties or bank account. She claims to be a member of Schedule Tribe. Application is supported by her affidavit.

2. In their reply, the respondents have not denied the allegations.

CMI 13/2017 1 of 2

3. At this stage, learned counsel for the respondents No.1 & 3 Sh. S.N.

Pandey, states at bar that he has no objection, if the applicant is allowed to file this appeal as an indigent person.

4. Since, the appellant has no source of income or movable or immovable properties or bank account, the application, being CMI No.13/2017, is allowed. The applicant is allowed to file an appeal as an indigent person.

5. In view of the above, the application, being CM No.42804/2017 seeking exemption for filing the court fees as an indigent person, is allowed and disposed of accordingly.

6. The Registry is directed to place the matter before the Roster Bench on 18.12.2018.

VINOD GOEL, J.

DECEMBER 03, 2018 "sandeep"

CMI 13/2017                                                          2 of 2