Move to high court on speedy trial (21b) application

Guest (Querist) 23 June 2013 This query is : Resolved
In a divorce case the petitioner filed application for speedy trial under 21B in family court.

It seems to be an attempt by the petitioner to drag the case to high court.

So, under what circumstances, the petitioner can move to high court on the same application?

Can it be taken to high court even if the family court allow the application?

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Nadeem Qureshi (Expert) 23 June 2013
the petitioner can move an application before HC against the order of family court if the family court reject this application.

Rajeev Kumar (Expert) 23 June 2013
If this petition is rejected by family court then the petitioner move to HC against the order of family court.

Devajyoti Barman (Expert) 24 June 2013
Though every order can be challenged in higher court, the high court is unlikely to admit the revision if family court allows speedy trial.

prabhakar singh (Expert) 24 June 2013
Can it be taken to high court even if the family court allow the application?

ANSWER:CAN BE BUT HIGH COURT WOULD REJECT THE SAME AT VERY ADMISSION STAGE.

Rajendra K Goyal (Expert) 24 June 2013
Agreed with the expert, noting more to add.

Raj Kumar Makkad (Expert) 24 June 2013
Applicant cannot go to high court if his application already stands accepted.

Guest (Querist) 24 June 2013
"Applicant cannot go to high court if his application already stands accepted"

Can applicant go to high court saying that the family court is not speeding up the proceedings even after the application for speedy trial allowed?

Rajendra K Goyal (Expert) 25 June 2013
As advised by the Experts, he can approach the High Court, but chances of admission are less.

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