Arup (UNEMPLOYED) 20 May 2011

If the opponent is in use of delaying tactics file a petitio

If you feel the opponent of you, is in use of delaying tactics, at court file a petition u/s 21b of HMA.

HMA Sec 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.

File a petition under sec 21 b, HMA, mentioning the underlined points.

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5 Replies

Rohit Shukla (Engineer) 20 May 2011

Thats really informative Arup Sir, Just a query ...... then why everybody I mean the harassed lot go with this as it can reduce the impatien wait over the years? Why Sir? Thanks again for the post.

Regards,

Rohit

(Guest)

Just curious to know if anyone successfully used HMA21B to expedite divorce proceedings? I'm also a victim of delaying tactics.

Arup (UNEMPLOYED) 21 May 2011

at court it is a common problem.

the party who logically and legally weak, use this delaying tactice.

if one put application under 21b, it creates a pressure over the system (court).

Tajobsindia (Senior Partner ) 21 May 2011

1. It does not create pressure in trial Court unless and until after filing and observing next few proceedings the party who has filed is not satisfied and approached higher forum for "just" Order.

Reasoning:
If that be so then all errant wife's will start getting withing 60 days maintenance and would not be multiplying maint. litigations by filing other maint. suits using other codes / acts.