Here's the Section 21B of the Hindu Marriage Act:
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 day 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.
I am a husband. Wife left matrimonial home 3 months back after a quarrel. She is still staying at her parents home but now wants to live with me. I can not live with her anymore due to repeated quarrels and she is not ready for MCD so I have filed contested divorce petition on the grounds of "Cruelty". Summons was served to the wife few days back.
Considering the fact that contested divorce takes 3-5 years, I want to file WRIT in High court about Section 21B which would help me to get the trail completed within 6 months. I understand that there are a lot of cases pending before family courts due to which my WRIT application may get rejected by HC. But then what is the use of the section 21B? It is not mentioned anywhere that 21B would be applicable only for the divorce petitions which are pending for years.
Note: I have gone through the research posted by our fellow LCI member about 21B here : https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp which is impressive because he was able to get benefit of 21B. But his case is from 2012 and I would like to know if it's more easy/difficult now.
My questions:
1. Can I file WRIT for 21B now or should I wait for few months to check how the case proceeds? I checked ecourts website and checked status of multiple other divorce petitions at the concerned family court and almost every case gets hearing dates 2 months apart. Why should I wait for 2-3 hearings(4-6 months) and then think about WRIT if I can file WRIT right now?
2. There is not much information online about actual application of 21B. Advocates also don't mention this to clients. Is this because 21B is allowed rarerly? Or is it because advocates will have to face hardships? (Attend daily/weekly hearings, charge fees only for 6 months, etc)
3. Any recommendation for a experienced advocate in Bombay HC for 21B WRIT?
4. Any other suggestions from experts are much welcomed.
