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Rajesh (SE)     09 May 2012

498a speedy trial

Hi,

i am facing 498A From last 4.5 year can i apply 21 B for 498A speedy trial



Learning

 2 Replies


(Guest)

Yes you can.

LegalExpert (Lawyer)     03 December 2013

Yes surely you can apply for a speedy trail

 

SAMPLE FOR SPEEDY TRIAL APPLICATION U/Sec. 21-B of HMA

·         IN THE COURT OF CIVIL JUDGE (Senior Division), -------------, 
Hon’ble Judge Shri. Saheb
At -----------------

[H.M.P. /2010]
Mr. -------------------------------- - Petitioner             vs.               Mrs. ------------------------------- - Respondent

THE APPLICANT HUMBLE REQUEST TO THIS HON’BLE COURT THAT - 

That the applicant wants to treat this case in fast trial mode under the provisions of 21 (B) mentioned in Hindu Marriage Act 1955. The suit for divorce is filed by the applicant against the respondent on the ground of cruelty & other charges mentioned in the petition. 

The current age of the applicant must be taken into cognizance by this Hon’ble Court as the delay in this trial can cause destruction of the remaining life of the Applicant. “RIGHT TO LIFE” has been given by Art. 21 of CONSTITUTION OF INDIA to every Indian citizen. If there is delay in the said case caused by any type of obstruction created by the respondent then the Right given by the Constitution of India can be violated in concern with the Applicant. This causes irreparable loss to the Applicant & his whole family, because Applicant is the only son of his parents.

The provision in HINDU MARRIAGE ACT 1955 is very clear as given below to run the trial in matrimonial matters expeditiously i.e fastely & conclude it within 6 months from the date of service of notice to respondent.

* PROVISION IN “THE HINDU MARRIAGE ACT 1955” CAN BE READ AS FOLLOWS:
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.

So it is my humble request to the Ho’ble Court to take appropriate & necessary steps for Speedy trial in this case as per the provisions mentioned in law. 
For this act of kindness the Applicant shall ever pray & bound by the order in favour of Applicant passed by this Hon’ble Court. 

PLACE :              Date :                              APPLICANT                                 SIGN 
======================================================================
This application submitted with the case law for speedy trial by SC in Salem Advocates Bar Association, T.N. v. Union of India, [2003] 1 SCC 49CASE.
1. Arun Kumar Agarwal vs Radha Arun And Anr.
2. Ashok Kumar Kanaujjia [U/Art. 227] vs Additional Principal Judge,Family Court
3. Darshan Lal Bajalia vs Suman                                                4. Neeru Soni vs Rahul Soni 
5. Smruti Navin Naulakha vs Navin Subhash Naulakha                   6. Narayana Nadar vs Jayakodi Ammal

 

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