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engineer222 (none)     25 January 2012

Format to apply u/s 21b hma; speedy trial and ex-parte

hello, i want format to apply u/s 21B HMA; speedy trial and Ex-Parte as my wife is not attending the court hearing since 8 months, ( i filed conjugal rights against wife and first Counselling is Still pending between my wife and me)

i need the format so that i can file it my self in the court, my laewr is not coming to court since last 4 months.

thanks in advance.



Learning

 13 Replies

Shantanu Wavhal (Worker)     25 January 2012

u will not be heard before counselling is complete.


for 21 b, there is no defined format of application.

specify the merits, grounds of ur own personal case in the application.

specify why u should be heard expeditiously

2 Like

engineer222 (none)     27 January 2012

Dear Sir,

regarding the 21b HMA:

1) can it be submitted in the court  during my next hearing, (or) should it be submitted to the clerk now itself just like we did for Conjugal rights case? (for CRc we submitted all case papers to clerk and then we got a letter from court to our house with court dates)

2) do i need to affix Stamps ?  and if yes, then how much money stamp.

Shantanu Wavhal (Worker)     27 January 2012

1) yes. 

u can submit even between 2 dates. but there is little possibility that ur application will be thought over by court before the next given date.


2) yes.

100 Rs. ( I m not sure about this ) - verify with the clerk.

Shantanu Wavhal (Worker)     27 January 2012

my laewr is not coming to court since last 4 months.

 

u appointed lawyer.

he is not coming = u are at fault.

rajiv_lodha (zz)     27 January 2012

Fee varies from state to state!

engineer222 (none)     30 January 2012

my lawer finally has typed a MEMO to judge asking to expedite the trials, but he is not willing to apply 21B, he is saying that only this MEMO he will submit......

kindly help me, is this memo enough to expedite (or)  shall i file the 21b my self with out advocate help.

Shantanu Wavhal (Worker)     30 January 2012

enumerate the facts which delayed ur case.

enlist why ur case should be tried exceptionally, wrt 21B

u need to file application stating the above.


what does ur lawyer write in the memo ?

1 Like

Shantanu Wavhal (Worker)     30 January 2012

as far as court proceedings are concerned, 


what is the difference betn a MEMO & an APPLICATION ??

engineer222 (none)     30 January 2012

Please help me int he format.....> below is what i think it should be... kinldy tell me the correct format....

 

 

 IN THE HIGH COURT OF DELHI: NEW DELHI

 

SUBJECT : Interim Petition under sec 21B of act no 25 of 55

 

IA No…………………(IA number will be filled by Clerk of court I guess???) ……

 

( what should I write here, shall I write Conjugal rights case number so that it can be linked with this petition ???)

Between:

1. Husband

 

A . N . D

 

2. Wife

 

...........then all the matter that supports the speedy trial.............

Shantanu Wavhal (Worker)     30 January 2012

check PM.

Shantanu Wavhal (Worker)     30 January 2012

(IA number will be filled by Clerk of court I guess???)

Yes.

( what should I write here, shall I write Conjugal rights case number so that it can be linked with this petition ???)

OP title with no.

 

PS : as u mentioned earlier, ur lawyer has already sent a MEMO to the judge. Didnt u read the contents ?

JItendra Baishya (others)     30 March 2012

u appointed lawyer.

he is not coming = u are at fault.

Amit ,why engineer222 is at fault ? I didn't understand.


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