Is Right to Speedy Trial is also available in divorce case?

Querist : Anonymous (Querist) 05 August 2010 This query is : Resolved
Is Right to Speedy Trial is also available in divorce case?

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arunprakaash.m. (Expert) 05 August 2010
Right to speedy tril is part of right to life under Art 21 of the constitution of india

Adv Archana Deshmukh (Expert) 05 August 2010
You can file an application for getting the case decided expeditiously.

Guest (Expert) 05 August 2010
Yes. under Art 21 COI it is a fundamental right of a litigant to get assured speedy trial of the matter. As Ms. Archana rightly advised place an Application under section 21 B HMA for expeditig the proceedings if divorce suit governed by Hindu Marriage Act.

If Court does not follow up then on next date file an Memo to the Court and again if neither Court nore OP respect your "speedy trial" plea then move to HC under Art. 227 / 226 COI and pray to dispose of the Suit on time bound manner your cry will be heard now and you get desired relief too.

s.subramanian (Expert) 05 August 2010
yes. i agree with you all.

Querist : Anonymous (Querist) 06 August 2010
As far as I have read, the Right to Speedy Trial in Criminal Cases is constitutional right in India. But I haven't read any judgment which states that Right to Speedy trial is also applicable in Divorce cases.

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