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sulemank   01 October 2017

Format of application for speedy trial

GREETINGS TO THE LEARNED ADVOCATES

I want to file an application in High Court for speedy Trial of Domestic Violence matter, because i fear that applicant wife will first urge for interim maitainence and then drag the matter long to get the interim maintaince

Hence I want to file application in HC Mumbai, so that this DV Case gets end in speedy manner

Please help me with format of such application to be file in HC

will it be filed under CRPC 482 or ART 226 or Both

Any Landmark Judgements

THANKS IN ADVANCE

 



Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     01 October 2017

With due respects, and without hurting, in general, and honestly  I do not understand as to why those clients who are having regular advocates approach the forum, for further guidance, as a counsel chosen by them , who has collected full fees, is at their personal call convenient to both.

Where is the mistake ?  For example, expediting the trial, can not counsel explain the present circumstances and law on such speedy trial to client ?

manoj   01 October 2017

call me for your query at cell no 8686159292

Sachin (N.A)     01 October 2017

Originally posted by : sulemank
GREETINGS TO THE LEARNED ADVOCATES

I want to file an application in High Court for speedy Trial of Domestic Violence matter, because i fear that applicant wife will first urge for interim maitainence and then drag the matter long to get the interim maintaince

Hence I want to file application in HC Mumbai, so that this DV Case gets end in speedy manner

Please help me with format of such application to be file in HC

will it be filed under CRPC 482 or ART 226 or Both

Any Landmark Judgements

THANKS IN ADVANCE

 

 

You may file Petition u/s 483 Cr.P.C for speedy trial but HC knows that trial courts are over burdened so chances of sucess is very low

Kumar Doab (FIN)     01 October 2017

Ask your very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record if narrating the sufferings of all parties involved from your side  an application in the same court can be moved.

You may also discuss the perspective shared by Mr. Sachin.

How you highlight the actual sufferings may matter. Otherwise the courts are overburdened and huge backlog of cases is an issue.

Kumar Doab (FIN)     01 October 2017

The Apex Court has also decided; Right to Speedy Trial Is a Fundamental Right

 

Supreme Court of India:

RAJ DEO SHARMA Vs. THE STATE OF BIHAR

https://indiankanoon.org/doc/411958/

 

HUSSAINARA KHATOON & ORS. Vs. HOME SECRETARY, STATE OF BIHAR, GOVT. OF BIHAR, PATNA

https://indiankanoon.org/doc/1007347/

 

Sheela Barse & Ors vs Union Of India & Ors

https://indiankanoon.org/doc/525548/

Raghubir Singh & Others Etc vs State Of Bihar

https://indiankanoon.org/doc/906106/

 

In your case you and your counsel would need to convince the court.

1 Like

Kumar Doab (FIN)     01 October 2017

The High Courts have issued circulars.

Check if your state HC  has framed some rules in which your matter can fit in.

CIRCULAR ORDERS

OF

THE HIGH COURT OF JUDICATURE

AT

ALLAHABAD

CHAPTER-IX

CRIMINAL CASES

 

[8] EXPEDITIOUS DISPOSAL 62:

 

CHAPTER-VII

MISCELLANEOUS ADMINISTRATIVE

1. MONITORING CELL MEETINGS

5. The District & Sessions Judges shall hold the meeting of judicial officers

working in their respective jurisdiction and will impress upon them the need for

expeditious disposal of cases in view of huge pendency.

10. CRIME AGAINST WOMEN

I am, therefore, to request you to kindly circulate the aforesaid instructions

of the Hon‟ble Court to all the judicial officers working under your supervision and

control for strict compliance for ensuring he expeditious disposal of Sessions

cases.

https://ijtr.nic.in/Circular%20Orders%20(Supplement).pdf

Delhi High Court: five-plus free

https://timesofindia.indiatimes.com/city/delhi/Elderly-disabled-to-get-speedy-justice/articleshow/14917163.cms

Karnataka 

https://www.dnaindia.com/bangalore/report-hc-sets-guidelines-for-the-speedy-disposal-of-cases-1278720

 

13.          Proforma required to be submitted by the Senior Citizens, NRIs, Widows and Ex-Servicemen parties/counsel for getting the Regular Cases listed on priority basis.             

https://highcourtchd.gov.in/?trs=form_performas

Kumar Doab (FIN)     01 October 2017

The high courts have pointed out in different matters of one of the spouse e.g;

 

 

Delhi District Court

Sh. Bhagat Ram vs (4) Smt. Rekha on 8 January, 2016

https://indiankanoon.org/doc/172448519/

 

However, it is trite that proceedings for maintenance under section 125 Cr. P.C. are of the nature of civil proceedings for maintenance under section 125 Cr. P.C. are of the nature of civil proceedings though the criminal process is applied for the purpose of summary and speedy disposal of such matters.

 

7. Hon'ble High Court in the aforesaid judgment, observed that when the proceedings are of civil nature and the criminal process is applied for purpose of summary and speedy disposal of such matters, then exercise of inherent power can be done for setting right the wrong with the applicability of 'ubi jus ibi remedium'.

https://indiankanoon.org/doc/172448519/

Kerala High Court

Ayishabi vs Shahul Hameed

https://indiankanoon.org/doc/27041307/

 

 

But unfortunately, such a mandate could not be fulfilled by the court on account of large pendency of cases before each court. But that cannot be a ground for adjourning the case indefinitely, when the statute mandates for early summary disposal of certain types of cases, which requires urgent attention of the court. Further, even if the court feels that, disposal of the main case will take some time on account of the large pendency of cases before that court, it should have made some attempt to dispose of the interim application filed in that case under Section 23 of the Act, as it is intended to provide interim protection for the aggrieved persons, against any alleged domestic violence in

 

O.P. (Crl.)127/ 2014 the shared house hold. So under the circumstances, this court feels that, the petition can be disposed of as follows:

The learned magistrate is directed to dispose of M.C.155/2013 pending before that court, as expeditiously as possible at any rate, within three months from the date of receipt of this order.

Kumar Doab (FIN)     01 October 2017

High Court wants divorce cases disposed of in 6 months

The maintenance provisions under the Hindu Marriage Act apply to both spouses, meaning that the husband can also claim maintenance from wife at the time of divorce in case it is proved that he does not have sufficient income or assets.

The court also said the time-table prescribed should be followed for all cases of maintenance under the Hindu Marriage Act, Domestic Violence Act, Hindu Adoption and Maintenance Act as well as pleas under Section 125 CrPC.

The district courts have also been asked to file a report on the implementation of the time-table and on whether the suggestions have curbed the delay in matrimonial cases.

 

 

https://indianexpress.com/article/cities/delhi/high-court-wants-divorce-cases-disposed-of-in-6-months/


(Guest)

Asking for speedy trial itself is a big joke. Down the line you and your parents and her and her parentse will look like big jokes.

Go for settlement, finish matter amicably.


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