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Needhelp   29 December 2017

Right to speedy trial under article 227 of the constitution

Does high court entertain WP under article 227 of the constitution in domestic violence or divorce cases? I�ve solid proofs of violence against My husband and in laws but they�re being told my their counsels that ultimately settlement is going to happens and no conviction. So, they�re just making me suffer my delaying proceedings. They�re not even doing mediation or even letting the trial happen. The court has many a times fined them for their negligence. Is WP under 227 right for me? Or should I go another route? Till now matter is in lower court only and the opponents will appeal to all layers of court before there can be any judgement. I will just lose time in the process and can�t move with my life. Please suggest. PS- I cannot afford to give up the cases. I am helpless.


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 3 Replies

Sachin (N.A)     29 December 2017

Originally posted by : Needhelp
Does high court entertain WP under article 227 of the constitution in domestic violence or divorce cases? I�ve solid proofs of violence against My husband and in laws but they�re being told my their counsels that ultimately settlement is going to happens and no conviction. So, they�re just making me suffer my delaying proceedings. They�re not even doing mediation or even letting the trial happen. The court has many a times fined them for their negligence. Is WP under 227 right for me? Or should I go another route?
Till now matter is in lower court only and the opponents will appeal to all layers of court before there can be any judgement. I will just lose time in the process and can�t move with my life. Please suggest.
PS- I cannot afford to give up the cases. I am helpless.
 

 

 

Your husband lawyer is correct, Even if you win the DV Act case you will get only monetary relief and no imprisionment for your inlaws.

It is better to settle the matter mutually rather than harrasing yourself 

Needhelp   29 December 2017

@sachin - that�s not in my hands. My in laws are dragging proceedings unnecessarily. So I wanted to figure out my options for speedy trial, hence asked question on article 227

N.K.Assumi (Advocate)     30 December 2017

Ramesh Singh's responds reminds me of the encounter between Sharukh Khan and Rani Mukherjee in the movie, "Kabhi Alvida Naa Kehna" , but I agree with him and Sachin.Article 227 is presently not suitable for your purpose.


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