How to approach hc to expedite case in family court

Manager

My wife filed a divorce case against me. It has been going for two years now. She also filed a DV case which was disposed in my favor. SHe appealed and order from Session Court is expected any day now. This question is about the Family Court case. I want to expedite it. The Family Court Judge just sits on it and usually assigns the next date. I am tired. I filed an application to expedite. He approved but ignores his own order. What should I do? I want to approach the High Court.  My advocate is typical Family Court advocate.  Not very knowledgeable. Should I file a writ petition in High Court to expedite? What should be the manner in which I should proceed? I am based in Australia and this is very much harassment for me. I keep going back and forth. Very expensive and she likes it this way. 

 
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Lawyer/Fight for justice

21B. Special provision relating to trial and disposal of petitions under the Act. —

1[21B. Special provision relating to trial and disposal of petitions under the Act. —(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.]

File application under this provision for expedite the trial before the Family court itself, if application rejected then approach the High court....

You can also approach to the High court against any interim order, which is against you and made ulternate prayer for Expedite trial to the High court...,

 
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instructor

For expedite your case you have to file an application u/s 21B of HMA in the same family court in which your divorce case is pending , if the family court rejects your application then you can approach to the high court to get direction .
 
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Manager

Thank you for your valuable advice. Problem is that she has also filed a few other petitions in addition to the divorce petition. These petitions appear to be under the Family Courts Act (jurisdiction regarding injunctions) and 125 Cr.P.C.  How do I expedite all of these petitions? 

 
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You are advised properly by learned friends above, it is the same thing for all the cases,  do not expect a reply separately for the same type of questions.

 
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Manager

Advocate Kalaiselvan Sahab There is no Section 21B in Family Court Act or 125 Cr.P.C.  Therefore these petitions are not covered under sections of HMA for expediting.  Hence the question still remains open. 

 
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Lawyer/Fight for justice

You have not read my reply carefully...

"You can also approach to the High court against any interim order, which is against you and made ulternate prayer for Expedite trial to the High court."..,

 
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Worker

refer the two judgements, which are fetched for me by my learned friend, Mahesh R. Sonawane  ...

 

 

also, 

http://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp#.U3Ih7YGSwYk



Attached File : 118729888 writ during trial.pdf, 118729888 writ during appeal.pdf downloaded 311 times
 
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In my divorce case section 24 High court passed an order in Feb 2014 till date family court not allowed divorce she took six months maintenanace. Again family court ask me to all interim maintenanace till date.

Section 21(B)2 ignored by family court what I do ??

 
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