Speedy disposal of divorce case when the case is on trail

This query is : Resolved 
 

(Querist)
18 October 2019

I filed a contested divorce petition in Rangareddy district court, Telangana in November 2016 under Christian marriage act. It's almost 3 years still my case is going on in the regional court. My husband is not willing to give divorce. I don't want to live with him. We have 8 years girl. I filed maintenance and getting it from my husband. And also I filed 498A the case is going on. Now my divorce case stage is on Trail. Cross examination was done for me by my husband advocate. Now I want to know the process for speedy disposal of my case. I heard that there is 21B under Hindu marriage Act which we can file in high court. The high court directs the lower court to end up the proceedings in 6 months of time period. Please check the below url for the same. Please do the needful. Thanks in advance.

http://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=56620


KISHAN DUTT RETD JUDGE (Expert)
18 October 2019

Dear Sir,
Section 21B of Hindu Marriage Act not applicable to you but you can approach High Court and get an order for disposal of your case within a next six months or so since every High Court has issued a time frame disposals and such rules framed by Karnataka High Court are as follows.
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Dear Madam/Sir,
You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal
Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.


It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.


Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.


Dr J C Vashista (Expert)
20 October 2019

You have already engaged an able, competent and intelligent lawyer, have faith in him/her and proceed as advised. However, if you are dissatisfied with his/her performance or behaviour it is advisable to engage and consult another local prudent lawyer for proper appreciation of facts/ documents, guidance and proceeding.
But do not rely upon the obligation of experts on this platform, despite the fact it is available FREE OF COST, since they (experts on this site) can form opinion and advise on the basis of limited facts posted by you.



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