(Guest)

Can i speed up my rcr case by making application in hc

Hi experts,

My wife filed divorce (13 1 1a), in counterclaim i filed RCR (sec9),

her HMA 24 got rejected & passed for 1.7 year old child, I m paying that,

She has filed various interim applications such as my defence strike off, alternate accomodation etc which are pending in family court. Its 1.5 years the case is not moving ahead. my daughter is 1.7 year old , i got access every alternete saturday in court premises.

I m quite confident that based on her false allegations she wont get divorce, her petition will get dismissed & RCR will get passed in my favour coz we were living happly but her cruel mother has insisted her to file divorce just to make me separate from my parents.

My daughter is becoming a victim of all these court matter & that may affect on her healthy growth.which is my main concern

So i want to finish it off as early as possible.

So can i move application in high court to speed up my case which is running in family court??

if yes ? under which section?

Pls also suggest good bombay HC advocate

Thank you

Reply Follow

13 Replies

fighting back (exec) 07 February 2014

what benefit will you gain by winning the RCR? trying to save on maintainence????

she can ask maintainence through other means too....so dont try to hide behind RCR for maintainence. and after she comes to your house, then if she files 498a and DV on you, then emotions will fly off the window and reality will sink in.......there are numerous instances which you will find in this forum itself that after RCR wives have returned home only to file 498 and DV, so best of luck

T. Kalaiselvan, Advocate (Advocate) 07 February 2014

If your intention to file RCR as a counter claim to her divorce claim is to save your marriage and in the interest of the child's future welfare, it is appreciable. But can you make the horse to drink water though you have drawn it up to the pond? If her parents are insisting on the divorce what is her role in the case?, she is a matured woman, she can very well protest her parents especially if she really confided in you (?) Why did the court reject her interim maintenance application?, is she employed?, if so, I think it will be very difficult even if you approach Supreme court for a direction to the lower court for a speedy trial. Be patient and adopt a loose watch strategy so that you will gain out of their frustrations and the subsequent moves. Your child will not lose you becaase you have been granted permission to visit her on every alternative Saturdays.

(Guest)

@ T. Kalaiselvan

Sir, My intention is to really save my marriage & welfare of my daughter. So i filed RCR.

she is Qualified lady & earning 30k/ month so her interim maintenance rejected.

I have still hopes of reconcilation coz in counselling sessions also she mentioned that she is not at all intrested in divorce but can not take her case back.

that is jus because ego problem.

Is this really true that " it will be very difficult even if i approach Supreme court for a direction to the lower court for a speedy trial"

why sir?

will court not considr the welfare of my daughter?

thank you

Hardik Mehta (Family Counsellor) 07 February 2014

Gagan,

Instead of going to the HC or SC, just tile an application in Family court u/s 21B HMA for speedy trial. There is the provision within HMA.

Regards,

Hardik Mehta

BAALASUBRAMANNYAMM (Advocate) 07 February 2014

Mr.Hardik Mehta is right, but it is not to be disposed off within the period, as mentioned in the Act, because of heavy load of other works in court, practically. If you show your anxiety, your opponent will en cash it.So be patient. Nothing will be happened in the matter of your child, her mother will be taking care of her. First you should have to protect yourself and your parents. So wait and see. You should also to take the consideration of above experts.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 February 2014

21B H.M.A. is speedy trial. 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.

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.

Shantanu Wavhal (Worker) 07 February 2014

which bench of Bombay HC ??

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp

(Guest)

Amit

Its bombay bench...

(Guest)

Amit

Its bombay bench...

Shantanu Wavhal (Worker) 10 February 2014

i m giving my friends (classmate's) number.

he got 21B approved for my trial as well as appeal case from Aurangabad bench

he is practicing at Aurangabad bench.

u can ask him for reference

Adv. Mahesh Sonawane - 9850 179 108

u can give him my reference - SHANTANU (my real name)

(Guest)

Hey Shantanu...

Thanks a lot

Shantanu Wavhal (Worker) 10 February 2014

Have a Heart Foundation (Sales & Mktng) 10 February 2014

You can file for application at Family Court under section 21B of Hindu Marriage Act for speedy trial .

Have you filed for Child Access / Custody under Guardians & Wards Act?? or RCR ??

once your RCR matter gets disposed it is unlikely that your access orders will continue in the said petition.

If you want continuing access file for Child Custody under Guardians & Wards Act.

Dont worry about the child, Children turning up at family courts get familiar with the enviornment and get used to it... as they also get to see their other parent.

Children often adapt to changes... It is the adults who are Rigid and unable to adapt themselves in change in situations.

Let the case be deiced on merits once you are out of court early it is unlikely that your wife will give you the same access. She will start creating hurdles if the matter is out of court.

Incase if she is willing to come back... you can have joint family counselling sessions with experienced professional family psychologist for the required number of sessions, thereafter, decide the further course of action.