Abhi_Mechanical (Mechanical Engineer) 20 July 2017

Require help in speedy trial

Hi All,

My wife filed DV case against me and my parents three years back.. Court has been rejected interim maintenance application within six months. Then she filed appeal session court. But session court also rejected her interim maintenance.

Then she filed evidences in trial court after one year. Since one year she is intentionally delaying cross and taking date after every three months.

I'm fighting DV case since last three year. Now I want to close DV case ASAP with speedy trial. To be frank, I haven't appoint any advocate for DV case.

Please share me process to file speedy trial petition and provide me sample speedy trial petition.

Regards,

Abhishek

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3 Replies

N.K.Assumi (Advocate) 20 July 2017

Better give date of filling complaint, and present stage of the case till date.

Siddharth Srivastava (Advocate) 20 July 2017

It is better that you make request to the trail court for short dates and if she is no appearing then court can dismiss the complaint also.

Rohit Krishan Naagpal (Advocate) 20 July 2017

"Speedy trial is a part of reasonable, fair and just procedure guaranteed under Article 21"

This right is implicit in article 14, 19(1) (a) and 21 of the constitution as well as the Cr.P.C
It is the constitutional obligation of the government to devise such procedures as would ensure and implement speedy trial. Supreme Court being majestic authority has to act as guardian of fundamental rights of citizens

But in relaity it does not happen like this you may file a detailed application before the trial court seeking speedy trial which in most likely rejected or refused then you can approach the concerned High court for the same under Section 482 & 483 Cr.P.C or Writ jurisidiction.

All the best