· SAMPLE FOR SPEEDY TRIAL APPLICATION U/Sec. 21-B of HMA
· IN THE COURT OF CIVIL JUDGE (Senior Division), -------------,
Hon’ble Judge Shri. Saheb
Mr. -------------------------------- - Petitioner vs. Mrs. ------------------------------- - Respondent
THE APPLICANT HUMBLE REQUEST TO THIS HON’BLE COURT THAT -
That the applicant wants to treat this case in fast trial mode under the provisions of 21 (B) mentioned in Hindu Marriage Act 1955. The suit for divorce is filed by the applicant against the respondent on the ground of cruelty & other charges mentioned in the petition.
The current age of the applicant must be taken into cognizance by this
The provision in HINDU MARRIAGE ACT 1955 is very clear as given below to run the trial in matrimonial matters expeditiously i.e fastely & conclude it within 6 months from the date of service of notice to respondent.
* PROVISION IN “THE HINDU MARRIAGE ACT
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.
So it is my humble request to the
For this act of kindness the Applicant shall ever pray & bound by the order in favour of Applicant passed by this
PLACE : Date : APPLICANT SIGN
This application submitted with the case law for speedy trial by SC in Salem Advocates Bar Association, T.N. v. Union of India,  1 SCC 49CASE.
1. Arun Kumar Agarwal vs Radha Arun And Anr.
2. Ashok Kumar Kanaujjia [U/Art. 227] vs Additional Principal Judge,Family Court
3. Darshan Lal Bajalia vs Suman 4. Neeru Soni vs Rahul Soni
5. Smruti Navin Naulakha vs Navin Subhash Naulakha 6. Narayana Nadar vs Jayakodi Ammal
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.
Maintenance/marriage petition/case under sec. 138 of N.I. Act are to be speedily disposed off.
Exceptional hardship - special grounds for 21B
1. Multiplicity of litigations / proceedings would be avoided. (Dehli HC)
2. Life & limb apprehension – threats received from BIL & MIL (NC filed)
3. Right to life - Art. 21 – Constitution of
4. Current age – only son – need of lawful marriage
Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga on 20 Jan., 2000 –
The appellant contended that after the death of his wife Usha, it became necessary to have some person to look after his three children and, therefore, he employed the respondent as a 'caretaker' or governess.
M.M. Malhotra vs Union Of India And Ors on 4 October, 2005 – SC.
Shrimati Sikha Gorai vs Subodh Chandra Gorai on 10 June, 2003
Uttaranchal High Court https://indiankanoon.org/doc/144059419/
Khushi Ram Kandwal, vs Smt. Jaya Kandwal, on
Considering the provision of sub-section (2) of Section 21B of the Hindu Marriage Act,
Kolkata High Court (Appellete Side) https://indiankanoon.org/doc/1050618/
The revisional application stands disposed of with a request to the learned Judge of the trial Court to proceed with utmost expedition. Subject to her convenience and without granting unnecessary adjournment, sincere endeavour ought to be made so as to conclude the trial and decide the suit by April, 2012. Urgent photostat certified copy of this order, if applied for, be supplied to the parties as quickly as possible.
Narayana Nadar vs Jayakodi Ammal on 17 October, 1989
Matrimonial proceedings should be dealt with expeditiously and relief afforded to the parties. That is why a special provision is made under Section 21B of the Act to the effect that proceedings should be tried as expeditiously as possible and concluded within six months from the date of service of notice and that the trial of the proceedings should also be continued day-to-day until its conclusion. A further provision is also made that an appeal should also be heard as expeditiously as possible and should be concluded within three months of the service of notice of appeal. Section 21-B thus clearly gives expression to the need for speedy and expeditious disposal of matrimonial causes.
Savitri Balchandani vs Mulchand Balchandani on 14 February, 1986
(35) All matrimonial proceedings need to be decided expeditiously and the proceedings shortened Infact Section 21B of the Act, requires that as far as possible the trial should conclude within six months of the service of notice on the respondent and the appeals disposed off with in three months from the service of notice of appeal on the respondent.
(39) All matrimonial proceedings need to be decided expeditiously It is desirable that matrimonial litigation be shortened, in fact Section 21B of the Act requires it, and multiplicity of proceedings of matrimonial nature be prevented
Prem Nath Sarvan vs Prem Lata Sarvan on 3 March, 1986
Liberty to the parties to move an application before the trial court under Section 21B, if they so desire.
Madhya Pradesh High Court https://indiankanoon.org/doc/1586124/
Lila Sahu vs Kailash Narayan Sahu on 12 November, 1990
Karnataka High Court https://indiankanoon.org/doc/1784934/
Arun Kumar Agarwal vs Radha Arun And Anr. on
Having regard to the fact that the matter has been pending for several years and having regard to Section 21-B of the Hindu Marriage Act, 1955 the Family Court is requested to expedite hearing and disposal of M.C. No. 521 of 2000.
Punjab-Haryana High Court
Darshan Lal Bajalia vs Suman on 17 May, 2011 https://indiankanoon.org/doc/360962/
Keeping in view the provisions of the sub section (2) of Section 21-B of the Act and the fact that the respondent wife who is residing in Chandigarh itself and has already availed sufficient opportunities, I deem it necessary and expedient in the interest of justice to dispose of the present revision petition with a direction to the learned trial court to dispose of the aforesaid divorce petition expeditiously and preferably within three months from the next date of hearing.
Punjab-Haryana High Court
Neeru Soni vs Rahul Soni https://indiankanoon.org/doc/852046/
It is ordered that taking into consideration the provisions of Section 21-B of the Hindu Marriage Act, the petition for divorce will be decided expeditiously. Allowed.
Smruti Navin Naulakha vs Navin Subhash Naulakha on 9 April, 2002
The Family Court, Pune is hereby directed to decide that matrimonial petition within six months as indicated by section 21-B of Hindu Marriage Act.
Delhi High Court https://indiankanoon.org/doc/1495140/
Vinay Kumar vs Nirmala Chauhan on
Equivalent citations: AIR 1987
Author: M Narain
Bench: M Narain
Mahinder Narain, J.
(1) This is an appeal by the husband against the judgment of Shri R. C. Jain, Additional District Judge,
(2) The facts, as they emerge from the record of the case are, that the parties were married on
(3) In August. 1980, the respondent wife left her matrimonial home at
(4) The appellant relying upon the respondent's conduct of leaving him finally on
(5) Service on the respondent was effected in the court below but the respondent did not choose to appear before the court, nor did she file any written statement. This service was effected by publication.
(6) Before me in an application for condo nation of delay in filling the appeal was filed. In that too the service was effected by way of publication in 'Nav Bharat Times' dated
(7) No body has appeared even today. I have heard the submission of the counsel for the appellant and have perused the impugned judgment and also the statement of the appellant given in the court. There is unrebutted statement of the appellant/ husband that the respondent left him and the matrimonial home on
(8) The learned Additional District Judge is in error in thinking that the husband has condoned the desertion by taking the wife back. The wife had returned on occasions earlier than
(9) In this view of the matter the petitioner/appellant is entitled to a decree of divorce under Section 13(1)(b) of the Hindu Marriage Act, as the respondent has been in continuous desertion for more than two years of the date of filing of the petition for divorce.
Rajasthan High Court https://www.indiankanoon.org/doc/1402996/
Girdhari Lal vs Smt Anita Alias Kamli And Anr on 5 September, 2011
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B.Civil Writ Petition No.11577/2011
Girdhari Lal vs. Smt.Anita @ Kamli & Anr.
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I
Mr.Anshuman Saxena, for petitioner.
Heard learned counsel for petitioner.
2. Petitioner has preferred this writ petition with a prayer that Family Court No.2, Jaipur (respondent No.2) may be directed to conclude and decide the application No.532/2009, titled As Girdhari Lal Vs. Anita, pending before it, under Section 13 of the Hindu Marriage Act, within a period of three months.
3. Learned counsel for petitioner submitted that petitioner filed an application under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act')for grant of divorce on the ground of cruelty against respondent No.1 in Family Court No.2, Jaipur City, Jaipur way back on 13th May, 2009, wherein respondent No.1 appeared at her own on 19th May, 2009, thereafter the case was fixed for re-conciliation, but matter could not be reconciled, thereafter respondent did not file reply immediately and took one year's time in it and ultimately reply was filed on 7th May, 2010, the statement of petitioner has been recorded on 28th July, 2011 and now case is fixed for his cross-examination on 6th September, 2011.
4. He further submitted that as per sub-section (2) of Section 21B of the Act, every petition under this Act is to 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. He submitted that respondent No.1 is delaying the proceedings of the case, therefore, a suitable direction be given to the concerned Court to conclude the trial of the case within reasonable period.
5. I have considered the submissions of learned counsel for petitioner and examined the copy of order sheets of Family Court No.2, Jaipur from
6. The certified copy of application under Section 13 of the Act has also been placed on record, which was filed in the concerned court on
7. Section 21B was inserted in the Act with effect from
8. Consequently, the writ petition is disposed off with a direction to the learned Judge, Family Court No.2, Jaipur to proceed in application No. 532/2009 titled As Girdhari Lal Vs. Anita on day to day basis or to fix the said case at least once a week and to complete the trial of the case as early as possible, but not later than a period of four months from the date of receipt of certified copy of this order.
9. Registry is directed to send the copy of this Order to the concerned Court for compliance.
(NARENDRA KUMAR JAIN-I),J.