Seeking fast trial

Querist : Anonymous (Querist) 11 September 2011 This query is : Resolved
On 6 oct.1999 my brother in law fieled a divorce case(which setteld in his faveour but his wife appeald in high court and appeal is pending) against his wife and in counter attack his wife also fieled a case u/s 498a and 406 ipc.
she named me and my wife being brother in law( jija)and sister in law in above case
since 1999 only her statement has completed in mm court tishazari
I want to know by the expert can I get an order for fast trial
sb kundu

Follow Query

Report Abuse

M/s. Y-not legal services (Expert) 11 September 2011
I think your sister in law moved for appeal. Usually before high court, appeals will be disposed as soon as earlier. If its pending some of years mean the problem is your case being kept quite without list for hearing. Just ask your counsel for list that case. If both counsels ready to argue mean just two hearing enough for dispose your case.

M/s. Y-not legal services (Expert) 11 September 2011
Also if there is any stay is pending mean just file a petition for vacate the stay and proceed further.

Arun Kumar Bhagat (Expert) 11 September 2011
In order to get the order for the speedy Trial you shall have to file an application u/s 483 Cr.P.C before the High Court for speedy trial and the High Court shall fix a dead line for completion of the trial. It is like a writ under Article 227 of the constitution.

Kiran Kumar (Expert) 11 September 2011
Yes you can seek speedy trial in this matter.

get a certified copy of all the proceedings orders in the criminal matter filed by the wife.

thereafter move a petition before the Hon'ble High Court either under S.482 Cr.P.C or under Articles 226/227 of the Constitution of India (as advised as per rules) for expediting the trial.

Since the entire set of documents and complete facts are not before us so the advice given above shall not be considered as firmly applicable to your case. All depends upon facts and circumstances of a case.

there is a judgment by Hon'ble SC passed in the year 2005 which provides certain guidelines for this purpose, your counsel will make use of this judgment for filing the relevant petition.

as far as Divorce Appeal is concerned, the husband may move an early hearing application before the Hon'ble High Court so that the future of the husband shall not be destroyed.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries