Family Court Fees in India – What You Need to Know

If you’re filing for divorce, child custody, or any other family matter, the first thing that pops up is the court fee. It feels like an extra hurdle, but understanding how the fee works can save you time and money. Below we break down the basics, show you when you might get a waiver, and give a step‑by‑step on how to pay.

How Fees Are Calculated

India follows the Indian Court Fees Act, 1870 and the state‑specific amendments. The fee depends on two main factors: the type of case and the monetary value involved. For most family matters – like divorce, maintenance, or guardianship – the fee is a flat amount, usually ranging from ₹100 to ₹500. If a financial claim is part of the case (for example, alimony amounting to ₹2 lakhs), the fee is a percentage of that claim, typically 1‑2% but capped at a set maximum.

Some states have a “nil fee” rule for gender‑based claims, meaning a woman filing a maintenance petition may not pay anything. Check your state’s schedule; Maharashtra, Karnataka and Delhi often have lower rates for family cases.

Waivers, Discounts & Common Questions

Many people wonder if they can avoid the fee altogether. The answer is yes, in certain situations:

• Economic hardship: If you earn less than the prescribed income limit (usually around ₹1 lakh per year), you can apply for a fee waiver. Submit an affidavit of income with your petition.
• Women & children: Several states waive fees for women filing divorce or maintenance suits, and for any case involving minors.
• Legal aid: If you’re eligible for free legal aid, the court often waives the fee as part of the package.

To claim a waiver, file a simple application alongside your main petition. The clerk will stamp it “approved” if you meet the criteria. The process usually takes a day or two.

Here are a few practical tips:

1. Bring a copy of your latest salary slip or tax return when you file – it speeds up the waiver decision.
2. Pay the fee at the court’s cash counter or via online portals like eCourt Services. Keep the receipt; you’ll need it for the case file.
3. If you miss the fee deadline, the court may reject your petition. Always double‑check the due date on the notice board.

Our recent post "Is Instant Divorce Possible in India? Fastest Legal Routes, Timelines, and 2025 Rules" mentions that a quick divorce still requires the standard fee, but you can request a waiver if you qualify. Similarly, the guide "Is 1‑Year Separation Required for Divorce in India?" explains that the fee remains the same whether you separate or not – the law doesn’t charge extra for longer waiting periods.

Bottom line: family court fees are modest, and many applicants qualify for waivers. By checking your state’s schedule, gathering proof of income, and using the online payment option, you can clear this step without a hitch.

Got more questions about filing, documents, or court procedures? Browse our other articles on divorce processes, legal aid, and family law – we’ve packed them with real‑world examples and easy checklists.