Application u/s 21(b)

 

when she files, 21B app., court orders - OTHER PARTY TO SAY on that app.

did u file ur say ?

 

always get certified copy after each hearing day, (including Roznama i.e. Order sheet) so that u will come to know - what happened in the previous hearing, what r the orders passed, what the next date is fixed for.

 

every1 here has a keen desire to expediate the proceedings.

u r lucky that ur matter is expediated without any effort on ur part.

 

further, court gives date as per its diary.

its the discretion of the court to accept / reject the 21B application depending upon various factors (i.e pendency of other cases etc.)

 

21B     Special provision relating to trial and  disposal of petitions under this 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 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.

(2)        Every petition under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail 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 endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

 

AFAIK, 21B generally does not succeed.

Don't worry. Since it's a contested divorce, expect it to take 2-3 yrs. After that too, you can file an appeal in HC.

Since she's in a hurry, she'll come for compormise sooner or later. You try to delay as much as possible. When she comes for compromise, ask her to drop all the cases against you and go for MCD.

Originally posted by : Amit---------------
	when she files, 21B app., court orders - OTHER PARTY TO SAY on that app. did u file ur say ?   always get certified copy after each hearing day, (including Roznama i.e. Order sheet) so that u will come to know - what happened in the previous hearing, what r the orders passed, what the next date is fixed for.   every1 here has a keen desire to expediate the proceedings. u r lucky that ur matter is expediated without any effort on ur part.   further, court gives date as per its diary. its the discretion of the court to accept / reject the 21B application depending upon various factors (i.e pendency of other cases etc.)   21B     Special provision relating to trial and  disposal of petitions under this 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 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. (2)        Every petition under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail 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 endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Hi Amit, I haven't even been given a copy of 21(B) filed by the opposite party. So question of my say dosn't arises at all. I just heard the opposite party lawyer saying to the reader that the application u/s 21(B) is under consideration and that long date shouldn't be given. Yeah you are absolutly correct I would surely get the certified copy of each hearing day. Infact, I have even appplied for the certified copy of the ordersheet in my last hearing. Thanks and Regards, Sid.

Originally posted by : Amit---------------
	when she files, 21B app., court orders - OTHER PARTY TO SAY on that app. did u file ur say ?   always get certified copy after each hearing day, (including Roznama i.e. Order sheet) so that u will come to know - what happened in the previous hearing, what r the orders passed, what the next date is fixed for.   every1 here has a keen desire to expediate the proceedings. u r lucky that ur matter is expediated without any effort on ur part.   further, court gives date as per its diary. its the discretion of the court to accept / reject the 21B application depending upon various factors (i.e pendency of other cases etc.)   21B     Special provision relating to trial and  disposal of petitions under this 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 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. (2)        Every petition under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail 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 endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Hi Amit, I haven't even been given a copy of 21(B) filed by the opposite party. So question of my say dosn't arises at all. I just heard the opposite party lawyer saying to the reader that the application u/s 21(B) is under consideration and that long date shouldn't be given. Yeah you are absolutly correct I would surely get the certified copy of each hearing day. Infact, I have even appplied for the certified copy of the ordersheet in my last hearing. Thanks and Regards, Sid.

following copies should be obtained  after each hearing date :

 

application filed by pet / resp along with the court order.

order sheet. (roznama)

the copy of exh. 1, if any order is given on it.

thei courts are extremely busy with hordes of cases piled up and multipying on daily basis. therefore it is an extreme possiblity that her appl u/s 21 b is going to survive, which would suite you in the long run.

amit is right 

u r lucky that ur matter is expediated without any effort on ur part 

chalo bhai, 

since dec. 8th, 2011, somebody said that i m right !

Originally posted by : Amit---------------
	following copies should be obtained  after each hearing date :   application filed by pet / resp along with the court order. order sheet. (roznama) the copy of exh. 1, if any order is given on it.

Sure amit, from now on I would keep this in mind and obtain the certified copies of the documents which you have mentioned. Thanks.

Originally posted by : Amit---------------
	when she files, 21B app., court orders - OTHER PARTY TO SAY on that app. did u file ur say ?   always get certified copy after each hearing day, (including Roznama i.e. Order sheet) so that u will come to know - what happened in the previous hearing, what r the orders passed, what the next date is fixed for.   every1 here has a keen desire to expediate the proceedings. u r lucky that ur matter is expediated without any effort on ur part.   further, court gives date as per its diary. its the discretion of the court to accept / reject the 21B application depending upon various factors (i.e pendency of other cases etc.)   21B     Special provision relating to trial and  disposal of petitions under this 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 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. (2)        Every petition under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail 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 endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Hi Amit,

As already mentioned in my original query, the opposite party i.e. the girl is in a hurry for divorce so that she can remarry and the we would continue to be entangled in the 498a/406 cases and she would be a free bird. I am not in for mutual consent divorce as I won't be able to agree to their terms and conditions.

So in this situation I would like to delay the divorce proceedings and get them frustrated. Would my say be counted in the court's decision to accept her 21(B) application or not. Also can I the husband in any way oppose the application giving some valid reasons as in I would not be able to attend the day to day hearing owing to my professional commitments, also my health dosn't permit me to travel so frequently, etc. ?

Please do advise.


Thanks and Regards,
Sid.