Application under section 21b
Dr. Shekhar
(Querist) 07 September 2015
This query is : Resolved
Please kindly see and let know if the below is correctly written:
Application Under Section 151 of the Civil Procedure Code, 1908 FOR AN URGENT TENDERING OF EX PARTE EVIDENCES TO SECURE THE ENDS OF JUSTICE AND prevent abuse of the process of Court AND TO expedite disposal of divorce petition WITHIN THE MANDATE OF SECTION 21B of the Hindu Marriage Act, 1955 :
Most respectfully showeth and submits:
1. That the Counsel for the petitioner submits that Section 21B of the Hindu Marriage Act, 1955 provides that trial of a petition under this Act shall, as far as is practicable consistently with the interests of justice, 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. Counsel submits that the said Section further provides that the court trying a case under the Act shall make an endeavour to conclude the trial within six months from the date of service of notice of the petition on the respondent.
2.It is submitted that as against the mandate of law, the above mentioned case is pending adjudication before this Honourable Court although the notice of the petition was served on the respondent on 20/05/2014 as also recorded and mentioned in the order sheet of 28/10/2014.
3.That on 28/10/2015 the said case was ordered for tendering ex parte evidences for a date on 13/8/15. That the evidence were not tendered on 13/8/15 and adjourned to be tendered for date fixed now on 09/10/2015. And that already 11 months has elapsed since the said order for an ex parte evidences was first passed by this Honourable Court.
Dr J C Vashista
(Expert) 09 September 2015
You are required to request the applicant's lawyer to read in between the lines qua intention of legislators, availablity of resources with the Courts and limitation of the judges.
Prima facie applicant's lawyer is very right in demanding "day-to-day" hearing of the case (theoritically/conceptually), however, s/he shall have to be practical in life/profession.
It is not the only case/job for the Court, you shall agree. However,no one shall mind if you (or the applicant's lawyer) disagree.
