RAM (engg) 10 July 2014

Dragging tactics

My divorce case has been filed in may 2010.

Now it in trial stage...

The trial was ordered in July 2012...

But, still they are dragging the case with lame reasons...

nothing has been done since 2012 july... just going and coming with time of next hearing... for past TWO years.

how to mange this...

and is any law to avoid this dragging tactics

Please help me

because I am living alone with out anyone's help... facing a lot of struggles which cant spell out in words...

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5 Replies

Tajobsindia (Senior Partner ) 11 July 2014

1. Approach State's Hon’ble HC with facts and seek direction to trial Court to expedite case in time bound manner. Hon'ble HC's are known to give such directions to trial Court.

2. Read past forum discussion on speeding-up civil matrimonial case done by few members of this very forum and how they achieved such directions from State’s HC.

3. Suggest to network with them and then proceed accordingly as per your will.

BTW. everyone comes alone and goes alone from this world !

[Last reply]

1 Like

sankar P (supervisor) 11 July 2014

Well Said sir...

RAM (engg) 12 July 2014

thank you, for your guidance.......

The respondent lawyer was missing for just marking the proofs that was I provided in the proof affidavit...... for that reason the case has adjourned to next hearing.

but the respondent lawyer was present while calling the case and was missing after Passover and not attending the proofs marking in front of the Honourable judge.

This was happening in the last three hearings.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 July 2014

FILE AN APPLICATION BEFORE TRIAL COURT WHERE THE CASE IS PENDING UNDER SECTION 21B OF HINDU MARRIAGE ACT FOR SPEEDY TRIAL.

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.]