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Manav Kalia (Arguing my own cases..)     21 March 2012

To file application for speedy trial..

According to what I have read, the right to a speedy trial is a fundamental right according to some apex court judgements. Particularly in DV and divorce where the matter is supposed to be disposed off within sixty days and six months respectively. But these cases drag on for years, as is my own case. If you want to petition for your fundamental right usually you petition the SC? So in this case what application would you file for a speedy trial and in which court? Also what are the grounds for speedy trial? Thanks..


Learning

 6 Replies

Shantanu Wavhal (Worker)     21 March 2012

sec. 21B - HMA.

application can be filed in lower court + verbal pleadings.

lower courts generally does not entertain such application because of huge pendency of cases.

its beneficial to file 21B application to HC.

HC generally is happy to give directions to lower courts.


grounds - are relative to the applicant - viz.

current age of applicant.

right to live - sec. 21 - constitution of India.

applicant is only son.

because of service / job, applicant has to travel frequently.

to avoid multiplicity of proceedings & litigations is the spirit of hindu marriage act (Dehli HC) etc.



Shantanu Wavhal (Worker)     21 March 2012

addition - 

litigation is going on since a long time. & should be decided ASAP as per 21B of HMA.

Shantanu Wavhal (Worker)     21 March 2012

Is the marriagepetition ( being tried at family court / district court ) stayed if application u/s 21B is filed before HC ?


experts kindly enlighten.

1 Like

Manav Kalia (Arguing my own cases..)     23 March 2012

Thanks@amit. Under article 34 of the constitution a petition can can be made out to the supreme court for enforcing the right to speedy trial. My question is that some parties are able to fast track their divorce to conclude in six months. For that what do they have to do? Grounds for fast track can be medical condition also?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

If it is causing extreme hardship the order for the same can be obtained.

 

Recently in two cases District and Session Judge of Delhi has given such relief to litigant.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Manav Kalia (Arguing my own cases..)     23 March 2012

Thanks @ Shonee
1 Like

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