Karan (NA) 23 July 2013

Speedy disposal

I filed for divorce 1.5 years back.

During counselling months back, we both agreed for divorce and report was sent to judge.

Now still the case is just dragging, I do not know what is happening.

I would like to approach High court for speedy trial of my case.

Can some one explain me how speedy trial petition is handled by High court.

Is it sufficient that I can file petition and my lawyer can take care rest ?

Or DO we need to appear again in High court and 8 counselling sessions again (this will delay the case again) :-(

My question is can speedy trial request be passed without delay by high court ?

Reply Follow

1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 July 2013

Dear Karan

it depend on the court pendancy, As per my opinion you should filed an application u/s 21B of Hindu marriage act for speedy trial. read the section mentioned below

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 clay 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

Feel Free to Call