Speedy trial (21 b) - research

R. Pandit ji, 

i had already filed Caveat Application in District court.

Keep going bro..

post your recent updates!

Decree of lower court stayed.

i again filed writ in HC.

i filed private paper book in 1st appeallate court.

R & P received in 1st appeallate court.

1st appeallate court on the very first date Suo-Motto ordered both the parties to expediate the appeal.

Say of wife is awaited on (1) application filed by me u/s 21 b  , (2) application filed by me praying for action against wife as per Cr.P.C. & IPC for lying on oath in the lower court.

getting close dates (15-20 days interval)

494 filed by me against her is going on at its own pace.

498a filed by her ...

furrrrrrrrr

Dear Friend Amit,

Congrats winning the game... I am also on your track waiting for 21 B judgements from HC to excute my year delayed Divorce (Null & Void) case.

My question to you is if either party go for an appeal at High court, is it mandatory to obtain once again 21 B from High court for faster trial?

Can't we use the one which we have already obtained from high court, when the case was pending at trail court?

Thanks

if the case in trial court is expediated, then that is for the Trial.

once the Trial is over, the case is also over.

after that, if loosing party files appeal, then its a separate case.

to speed up this separate case, u have to file 21B once again

so answer is - YES, ITS MANDATORY.

Can I file application for speedy trial under 21b or under any other section in family court itself without going to high court?

sonu, 

u can file 21B in family court itself.

but the lower courts GENERALLY dont take it seriously.

approching HC is better.

actually, 21B should be filed in lower court at the very beginning of the case.

reasonable time should be allowed for getting decision on this application.

approaching HC after that increases the chances to get the matter TIME BOUND.

Having heard the counsel for the petitioner and perused the order-sheets of the family court as filed before this Court and also passed over in the course of hearing of this petition, I am of the view that in the facts of the case, it is just and proper to direct the District Judge Bharatpur to conclude the trial in the divorce petition filed by the petitioner within a period of four months from the next date of hearing. Adjournment in the matter shall not be granted without just cause by a reasoned order on a proper application being filed to the satisfaction of the Family Court.

Having regard to the provisions of sub-section (3) of section 21B of the Hindu Marriage Act, 1955, the appeal is directed to be listed for final hearing in the week commencing from 18th June, 2012.

Record & Proceedings to be called for so as to reach this Court on or before 30th April, 2012.

always comply with court orders to get speedy justice.

16. In Rayden and Jackson On Divorce (15th edition, 1988) it has been stated that "if a husband who has been ordered to pay maintenance pending suit or costs to his wife neglects to do so, she may apply to have the petition dismissed, or to have the suit stayed."

17. Section 21B of the Hindu Marriage Act, 1955 was inserted by the Marriage Laws (Amendment) Act of 1976 to make special provision relating to trial and disposal of the petitions Sunder the Hindu Marriage Act, 1955. The said section was undoubtedly intended to ensure expeditious disposal of proceedings, but it cannot be said that the plaintiff-husband can insist upon for expeditious disposal of his suit for divorce when he has admittedly failed to comply with the order directing him to pay alimony pendente lite and expenses of the proceedings. If such interpretation is to be accepted the purpose of insertion of Section 24 of the Hindu Marriage Act, 1955 will be nugatory and ineffective.

Good post

Hi Amit,

I have one question. 21B is only for divorce or can I file for 498a also.

In 498a, there is nothing in the CC. All false and bogus allegations.

I have all evidences to defend myslef. My Examination is in Dec. Is it possible for me to file 21B and expedite 498a in 6 months?

Please advise.

section 21 B is of Hindu Marriage Act which is as follows:

(applicable for hma suits only. 498a is under IPC hence sec 21B not applicable here. however option for speedy trial under CPC and Constitution of India is open in your case. for further details on SPEEDY TRIAL refer https://www.lawyersclubindia.com/articles/Right-to-Speedy-Trial-3554.asp)

21B. Special provision relating to trial and disposal of petitions under the Act. —

¹[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.]

——–

1. Ins. by Act 68 of 1976, sec. 14 (w.e.f. 27-5-1976).

today, the Hon. District Court ordered to hear the appeal filed by resp. on Day-To-Day basis !

!! wow !!

keep it up Amit.. you are real fighter...