How to expediate divorce case proceedings?
Querist :
Anonymous
(Querist) 02 March 2010
This query is : Resolved
my divorce case is pending in family court but it is hardly making any progress and the judge is giving long dates without any proceedings. I want to expediate the proceedings and want day to day trial. Can i file any application for day to day trial viting section 21 of Constitution of india. what other remedy can i excercise for the same.
Guest
(Expert) 02 March 2010
“The constitutional guarantee of speedy trial is an important safeguard to prevent undue and oppressive incarceration prior to trial; to minimize concern accompanying public accusation and to limit the possibilities that long delays will impair the ability of an accused to defend himself
This right is implicit in article 14, 19(1) (a) and 21 of the constitution as well as the CPC.
It is the constitutional obligation of the government to devise such procedures as would ensure and implement speedy trial. Supreme Court being majestic authority has to act as guardian of fundamental rights of citizens
According to B.P.Singh J the situation today is so grim that if a poor is able to reach to the stage of a high court, it should be considered as an achievement. Finally, to conclude with the words of Lord Hewet as it is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.
yes, you can file writ in High Court.
B K Raghavendra Rao
(Expert) 02 March 2010
You may file a writ petition in the High Court for a direction to the trial court to expedite the proceedings. But, considering the number of cases pending in trial court, the High Court may not issue direction for day to day trial as the matter does not warrant it. However, a time limit may be prescribed the High Court or at least there would be a direction for expeditious trial.
Parveen Kr. Aggarwal
(Expert) 02 March 2010
If in your particular case long dates are given whereas in other cases such long dates are not given, you may seek information about the pending cases and their proceedings by making an application under the RTI Act. Hopefully, this alone will expedite the proceedings of your case.
adv. rajeev ( rajoo )
(Expert) 03 March 2010
Usually court adjourns the divorce cases. It is very sensitive matter. Some times due to small misunderstandings between husband and wife or due to activities of the elders of the family both husband and wife knock the door of the court.
If the time passes some times there will be realization of mistakes by both and they unite together. so court adjourns the hearing of the case.
If immediately court took the decision to cut the relation of husband and wife what is the position of our society. If divorce are more entire society will be spoiled. Court keeps it in mind, that's why there is conciliation stage in the divorce proceedings.
Our society is based on the good smskriti.
Querist :
Anonymous
(Querist) 03 March 2010
can i also file application under section 21B of HMA for day to day trial or conclusion of the same within 6 months? can it be filed before trial court and what are the chances of getting this relief from trial court?
Parveen Kr. Aggarwal
(Expert) 04 March 2010
You may file the application praying for early disposal of the petition in terms of the provision contained in section 21-B of the Hindu Marriage Act, 1955. Such an application can be filed before the trial court itself. There are fair chances of the trial court at least not granting long adjournments and having effective hearings. In case relief is not granted by the trial court, you may file a revision petition under Articles 227 of the Constitution of India and there are better chances of the High Court providing a time limit for decision of the matter.
