My question here is, what if you ex file an appeal in higher court. I heard higher courts are even slower than family court. Will 24B applicable there too??
21b is also applicable for all the appeals under HMA.
higher courts are faster than lower ones.
it takes time at lower courts because they are TRIAL courts.
all the documents, aspects are being checked during trial carefully.
higher courts DO NOT conduct trial again.
higher courts just go through the file of the lower court and try to find out any irregularity / infirmity in the judgement / proceedings of the lower courts.
also, service of notice is also faster at higher courts.
as far as the question of wife going to appeal, its her right and let her utilize that.
if wife goes to appeal, an application u/s 21b should be filed at HC also, praying for expeditious disposal of the appeal.
filing such application at the initial stage reveals our intention to finish the litigation at the earliest..
21B Special provision relating to trial and disposal of petitions under this 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 endeavor shall be made to conclude the trail 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 endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.