Speedy trial (21 b) - research


Well done...Hope the appeal goes quickly now!

 
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Worker

R. Pandit ji, 


i had already filed Caveat Application in District court.

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

Keep going bro..

post your recent updates!

 
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Worker

Decree of lower court stayed.

i again filed writ in HC.

i filed private paper book in 1st appeallate court.

R & P received in 1st appeallate court.

1st appeallate court on the very first date Suo-Motto ordered both the parties to expediate the appeal.

Say of wife is awaited on (1) application filed by me u/s 21 b  , (2) application filed by me praying for action against wife as per Cr.P.C. & IPC for lying on oath in the lower court.

getting close dates (15-20 days interval)


:)


494 filed by me against her is going on at its own pace.

498a filed by her ...

 

furrrrrrrrr

 
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Dear Friend Amit,

Congrats winning the game... I am also on your track waiting for 21 B judgements from HC to excute my year delayed Divorce (Null & Void) case.

My question to you is if either party go for an appeal at High court, is it mandatory to obtain once again 21 B from High court for faster trial?

Can't we use the one which we have already obtained from high court, when the case was pending at trail court?

Thanks

 
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Worker

if the case in trial court is expediated, then that is for the Trial.

once the Trial is over, the case is also over.


after that, if loosing party files appeal, then its a separate case.

to speed up this separate case, u have to file 21B once again

 

so answer is - YES, ITS MANDATORY.


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Can I file application for speedy trial under 21b or under any other section in family court itself without going to high court?

 
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Worker

sonu, 

u can file 21B in family court itself.

but the lower courts GENERALLY dont take it seriously.


approching HC is better.

 

actually, 21B should be filed in lower court at the very beginning of the case.

reasonable time should be allowed for getting decision on this application.

approaching HC after that increases the chances to get the matter TIME BOUND.

 
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Worker

several NEW judgements are being delivered by various HCs

 
Rajasthan High Court

 

Smt Parul Jain vs District Judge Bharatpur Anr on 25 September, 2012

Having heard the counsel for the petitioner and perused the order-sheets of the family court as filed before this Court and also passed over in the course of hearing of this petition, I am of the view that in the facts of the case, it is just and proper to direct the District Judge Bharatpur to conclude the trial in the divorce petition filed by the petitioner within a period of four months from the next date of hearing. Adjournment in the matter shall not be granted without just cause by a reasoned order on a proper application being filed to the satisfaction of the Family Court.


Gujarat High Court

 

Nipaben vs Vishnukumar on 6 March, 2012

Having regard to the provisions of sub-section (3) of section 21B of the Hindu Marriage Act, 1955, the appeal is directed to be listed for final hearing in the week commencing from 18th June, 2012.

 

 

Record & Proceedings to be called for so as to reach this Court on or before 30th April, 2012.


Uttaranchal High Court

 

Khushi Ram Kandwal, vs Smt. Jaya Kandwal, on 15 September, 2011
Considering the provision of sub-section (2) of Section 21B of the Hindu Marriage Act, 1955, in the interest of justice, the Principal Judge, Family Court, Dehradun is directed to decide the O.S. No. 178 of 2007 Khushi Ram Kandwal Vs. Smt. Jaya Kandwal, on merits in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order. Both the parties shall co-operate in the speedy disposal of the divorce petition before the court concerned.
 
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Worker

always comply with court orders to get speedy justice.

Calcutta High Court

 

Shrimati Sikha Gorai vs Subodh Chandra Gorai on 10 June, 2003

16. In Rayden and Jackson On Divorce (15th edition, 1988) it has been stated that "if a husband who has been ordered to pay maintenance pending suit or costs to his wife neglects to do so, she may apply to have the petition dismissed, or to have the suit stayed."

17. Section 21B of the Hindu Marriage Act, 1955 was inserted by the Marriage Laws (Amendment) Act of 1976 to make special provision relating to trial and disposal of the petitions Sunder the Hindu Marriage Act, 1955. The said section was undoubtedly intended to ensure expeditious disposal of proceedings, but it cannot be said that the plaintiff-husband can insist upon for expeditious disposal of his suit for divorce when he has admittedly failed to comply with the order directing him to pay alimony pendente lite and expenses of the proceedings. If such interpretation is to be accepted the purpose of insertion of Section 24 of the Hindu Marriage Act, 1955 will be nugatory and ineffective.


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