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jitendraku (CA)     22 July 2015

Expeditious trial

Hi guys,

 

Case brief:  I filed a suit for RCR against wife u/s 9 HMA. She replied with an application u/s 24 HMA. It has been more than a year the suit is running.

 

Please explain me the procedure to file an application for expeditious trial u/s 21B HMA.

 

My options to file an application u/s 21B HMA:

 

1. before the same local Court

2. before the high court at Mumbai

 

Does it mean that application u/s 21 B HMA stay current proceedings?

 

How long does it take Mumbai HC to dispose the application for expeditious trial?

 

Is it a good idea to file the said application before the same local Court?

 

 

 

 

 

 



 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     22 July 2015

She filed for maintenance pendente lite and legal expenses, ok, U can submit an application in the same court u/s21B HMA, between the 2 dates and it does not stay the proceedings..But may not be taken up untill the next hearing.


(Guest)

Paise ka intejaam karo aur chutkaara pao pagal biwi se.  MCD lelo.  No use roaming to court for matrimonial matters, court mein hi boodhe ho jaaoge aur zindagi barbaad karloge.  Ek haath paisa do, doosre haath MCD lo aur kissi aur se shaadi karlo fata fat.  Time and tide wait for none.

prabhakar advocate (advocate)     22 July 2015

It  is settled in law, that in matrimonial matters, if Section 24 application is filed, it should be disposed off before further proceedings.  So, try to get that S.24 is disposed off.  At this stage, S. 21-B is of no much use.  Generally it is filed in the trial court and if it does not give any favourable order, then party approaches HC.  There is a deliberate attempt on the part of the courts to delay matrimonial matters because it is expected that time will heal the aberrations in matrimonial life.  In HC and SC also, matrimonial matters are lying for years together.  After getting S. 24 disposed off, ask the judge on every date for short date and pester him for the short dates.  That is one way to speed up the matters.

T. Kalaiselvan, Advocate (Advocate)     25 July 2015

I agree with the opinion of learned advocate Mr. Prabakar.  The IA for interim maintenance u/s 24 will be the item to be disposed first and then only the main petition will be taken up for trial.  So see what is holding the trial of the application for interim maintenance filed by her. 


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