Hindu marriage act
Suraj Kumar
(Querist) 09 June 2015
This query is : Resolved
Respectes Sir,
As per section 21B(2) of HMA every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
1. Is it mean judgement for divorce shall be delivered wihin SIX MONTH ?
2. If lower court dalays beyond that period then what is the remedy ?
Please guide me.
21B. Special provision relating to trial and disposal of petitions under the Act.
(1)The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from clay to day until its conclusion unless the court finds the adjournment of the trial beyond the following day tobe,necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
Dr J C Vashista
(Expert) 11 June 2015
The provisions of Act (HMA s/21B) is directory, which inter alia, states, "as expeditiously as possible" "and endeavor shall be made....", please note.
Q 1. If possible and convenient for the Court it shall be disposed of within stipulated period, which is practically impossible due to various compelling factors such as long pendency, limited court hours, willingness of parties etc.
Q 2. Move a writ petition before High Court for expeditious disposal, which is again dependent upon aforesaid circumstances.
Prima facie it is academic or hypothetical query,however, what is your query/ problem? Did you discuss with your tutor?
