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Who has really benefitted by filing hma 21b?

Does anyone have benefitted by filing application under HMA 21B for speedy trial? The divorce case against me is running in family court for last three years but yet in evidence stage. I understand that its a common phenomenon in indian courts. So, can I file application under hma 12 b for speedy trial in this situation? Do I have to specify the reasons for filing hma 21b? If yes, whats the definition for delay in indian courts? If the court gives hearing dates delayed by two months because of large number of cases pending, can't I file hma 21b on that issue? I mean if the delay is common in some procedures in a  court, can't I file hma21b on the delay that I experienced in the same procedures as its a common phenomenon?



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 7 Replies

Shantanu Wavhal (Worker)     31 January 2012

i have talked to many senior advocates regarding this.

hardly anyone has seen the actual implementation of 21B in his lifetime - day to day basis / conclusion within 6 months.

but time has come to make an outcry to get speedy relief.


some1, having seen 21B being applied - pl. share details.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 February 2012

I have in one case. In Delhi.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Dr J C Vashista (Advocate)     02 February 2012

Generally courts to consider their own dairy, work load, type of engagement and other administrative factors, which shall have very limited say on the application u/s 21b HMA

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 February 2012

Special grounds have to be made to get it accepted.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Tajobsindia (Senior Partner )     03 February 2012

@ Author



As consumer of Court you have overriding rights to press for civil revision before State’s HC under
Art. 227 r/w S. 21 B HMA citing 'persuasive grounds' and pray for giving express directions to trial court to dispose case in flat 2 months. HC will now oblige you under S. 21b (2) HMA and pass appropriate directions to the effect of 3 months (or maximum 6 months) and your work is half done thus approaching your State’s HC! Filing it in same trail Court never helps. [One trail court case Order does not become re. for other State’s trial court however other State’s HC decisions may carry some consideration (weighting) in your State’s HC case and boils down to your Advocates persuasive submissions]



Pan India there are many vigilant husbands who have used this benevolent Section of  The Act  before their State's HC, only thing one need to know is how to use various Sections of Family Law and it is not a handy work of few wise men alone but boils down to a particular vigilant (read to be as
needy) litigant.



It is all doable under Family law with results in your favor.

 


re
.: Illustrations look for below handy work of five (5) vigilant husbands and draw parallel to your work till date before cribbing next time before us……..

-       Uttaranchal HC (Nainital Bench) in Khushi Ram Kandwal Vs. Smt. Jaya Kandwal (M/S) No. 1936 of 2011 decided on 15th. September, 2011

-         Rajasthan HC (Jaipur Bench) in Girdhari Lal Vs. Smt Anita Alias Kamli And Anr. in S.B. Civil Writ Petition no. 11577/2011 decided on 5th. September, 2011

-         P&H HC decision in Darshan Lal Bajalia Vs. Suman CR No.3259/2011 decided on 17th.  May, 2011

-        Calcutta HC in Mallar Mukherjee Vs. Ruby Mukherjee 2004 (2) CHN 26 decided on 20th. November, 2003

-        DHC in Vinay Kumar Vs. Nirmala Chauhan AIR 1987 Delhi 79 decided on 7th. April, 1986

Rahul Arjaria (Law Student)     02 May 2012

Malafide intentions of the respondent if proved by telling the court the various adjourmrnts received by the respondent on false grounds, would the court accept 21 B..??

Shantanu Wavhal (Worker)     02 May 2012

the adjournments are granted by court.

if u can prove that the grounds for requsting time were false, bring this fact on record.


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