Which ground required for speedy trial (21 b)


Hi Friends,

 

Can anyone suggest me Which Ground Required for apply Speedy trial (21 b) in Divorce case, I have following ground

Shall I apply for Speedy trial on the below ground

1:- I am Only 1 son of my Parents

2:- My Mother is patient of Kidney disease

3:- No other female member in family for cooking food and taking care of my parents

Please suggest me on this, when I should I apply for this, now counceiling just start

 
Reply   
 
Worker

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

 

its applicable to each and every petition under this act.

 
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zz

U make a ground that this HMA case is pending in the court for many months (XX). Provide citations that various HCs have ordered many times that these cases be decided as early as possible, preferably within 6 moths. So allow my application for expedious trial.

Remember:

1) Court will allow it only if there is considerable delay has happened in ur particular case

2) delay is not voluntary & from ur side

3) courts work load wil have impact

4) mediation is still going on, so plz wait for its out come

meanwhile how much time has passed since u filed divorce? contested divorce is otherwise very difficult 2 get

the grounds u mentioned do not weigh in the eyes of law

 
Reply   
 

Hi Rajiv Sir,

I have filed the case in month of May 2013 in Family court, but she went to HC for Transfer case in her place but by Luck HC gave order in my favour.

No hearing has been done still she didn't reply  and my case is in mediation centre but she not attend the date. I already waste 7 month thats why I want speedy trial (21 b)

Thanks in Advance

Regards

 
Reply   
 
zz

Case should move out from mediation 1st, only then u may ask for speedly trial.

Contested divorce especially when sought by husband is very very difficult.

7 month delay is quite a short one in the HMA cases

Rest is ur own luck, u may try

 
Reply   
 
Worker

21b is applicable to EACH & EVERY petition and appeal.

6 months for trial

3 months for appeal.


no grounds are specified in the act, 

but its better if u make out some.

 
Reply   
 

Hi 

I filed my divorce case in August 2008, in 2013 June it came for arguments. Since then arguments are not happening. Can I appeal for speedy trial here.

Experts advise please

 
Reply   
 

Hi 

I filed my divorce case in August 2008, in 2013 June it came for arguments. Since then arguments are not happening. Can I appeal for speedy trial here.

Experts advise please

 
Reply   
 
Worker

shree, 

as i already told u in another thread, 

submit ur written arguments and ask for permission to argue verbally also.


the respondent wife CAN NOT submit her argument unless and until Petitioner Husband submits his arguments.

 

filing 21b application at such belated stage is not advised..


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