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needhelp (respondent)     15 December 2011

Hearing frequency


My wife filed for custody of our children 2 years back. I filed for RCR. Initially it is used to get dates each two months.

Now case is getting postponed each month because one or the other reasons like, my wife's lawyer asked for time, not replied, judge is on vacation etc.

My question is, after what time the hearing will be more frequent? My case is in Vishakapatnam family court.

I don't want to divorce, always wanted to reconcile. I want the visitation rights to see my children, but my lawyer suggesting to wait until to see the response from the other side.

Please help with any suggestions you have.




 7 Replies

Shantanu Wavhal (Worker)     15 December 2011

u may plede u/s 21b of HMA to speed up the matter.

to be successful, create some special ground depenging upon the merits of ur own individual case.


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.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

Also, if you want to see the child, either take steps under Sec 26 of HMA or file a case under Guardian and Wards Act.


The matter would be protracted by the party who doesnot want it to be decided.



Shonee Kapoor
1 Like

rajiv_lodha (zz)     15 December 2011

Regarding 21(b), my lawyer says that its academic sec only. U do not get anything from it rather than irritating the judge! He says-- Family court is already a "Fast Track Court". Dur to overworked judiciary, they do not give imp to 21 (b).

Also cleart the point, Sec 21 (b) is applied in same court where RCR is pending or in higher court?

1 Like

needhelp (respondent)     15 December 2011

Thank you all  !!!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

What your advocate says is entirely wrong. I have seen cases been fast-tracked, when some reasoning is provided. Loss of employment opportunity/ old parents/ small children etc are some grounds which one should use.





Shonee Kapoor

2 Like

Shantanu Wavhal (Worker)     15 December 2011

also there is one HC judgement, which ordered District court to decide the case within next 2 months.

i will search again & post that judgement here.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 December 2011

There are many such judgements Amit.





Shonee Kapoor

2 Like

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