Speedy trial (21 b) - research

Fighter

Jab hathi nikal gaya hai to puch bhi nikal hi jayegi..

 

Enjoy IPL in the mean while ;)


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Hay Amit, it was too informative to know about 21B in so detail and than your encourage updated. Wish you great good luck.

 

I am also eagerly waiting for Judgement in your case. All the very best.

 
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Worker

My question here is, what if you ex file an appeal in higher court. I heard higher courts are even slower than family court. Will 24B applicable there too??

21b is also applicable for all the appeals under HMA.

higher courts are faster than lower ones.

it takes time at lower courts because they are TRIAL courts.

all the documents, aspects are being checked during trial carefully.

higher courts DO NOT conduct trial again.

higher courts just go through the file of the lower court and try to find out any irregularity / infirmity in the judgement / proceedings of the lower courts.

also, service of notice is also faster at higher courts.

as far as the question of wife going to appeal, its her right and let her utilize that.

 

if wife goes to appeal, an application u/s 21b should be filed at HC also, praying for expeditious disposal of the appeal.

filing such application at the initial stage reveals our intention to finish the litigation at the earliest..

 

 

21B     Special provision relating to trial and  disposal of petitions under this 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 endeavor shall be made to conclude the trail 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 endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

 

 


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Worker

22 / 04 / 2013, 07:22 AM

 
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Fighter

Kya hua aaj ??

 
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Worker

Hon. court was on leave today.

now i will get dates everyday till the Hon. court returns !


Next date = 23 / 04 / 2013

 
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Worker

Today, on 25 / 04 / 2013 ... my application u/s 11 r/w sec. 5 (1) of HMA is A L L O W E D.

 

my marriage with the 498a creature is declared to be NULL & VOID ab initio.


will share details soon !


T H A N K S  L C I


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Assistant

I have eagerly been waiting for the details. It can be useful for me as well.

 

Please post.

 

Regards,

 

Rajesh

 
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Dear Sir,

 

Its my own grand fathers insurance company i working here @salary of 16,000/-,i want to marry a girl who is 6 months elder than me..as per the law im 20 years,02-10-1993 its my dob.and girl is 16-04-1993.so i want to marriage with her as soon as possible.if i will wait for more one year so i will be eligible to do marriage but her father will not wait..im going dubai for business purpose in december2013..so i want to marry her...suggest me sir,

with regards,

Akarsh.

 
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