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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     03 January 2011

RIGHT FOR SPEEDY TRIAL OF DIVORCE CASES

 

Under the Hindu Marriage Act, THERE IS INHERENT PROVISION FOR SPEEDY TRIAL OF CASES SO ALL CONCERNED ARE ADVISED TO USE THIS SECTION TO GET THEIR CASES EXPEDITED TO GET EARLY RELIEF FROM THE LEGAL BATTLE.

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 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 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.

 

 



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 9 Replies

N.K.Assumi (Advocate)     03 January 2011

The provision says 'so far as practicable" and that ptacticable very much depends on the court: No doubt right to speedy trial is a part of fundamental rights but it remained only as a principle far from reality. The need of the hour is to set up a tribunal to deal with divorce case expeditiously with proper Legislation considering the mountain of divorce rates in the country as Family court itself is not that competent to deal with it.

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     03 January 2011

You are absolutely right.

One has to try to get case expedited by making hue and cry or by whatever means.

Today modern womens even don't give milk to child before they start crying.

So one will have to manage the show.

As you seems practising advocate you can further enlighten on how to make proper use of these provisions.

 

Thanks

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     05 January 2011

All are requested  to through some light as to how the case can be tried on day to day basis under these provisions.

Thanks

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     07 January 2011

 

Dear All,

It is requested  to please through some light as to how the case can be tried on day to day basis under these provisions.

 

Thanks


 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     09 January 2011

 

Dear All,


It is requested  to please through some light as to how the case can be tried on day to day basis under these provisions.


What reasons are acceptable to court for applying these provisions:


Health Problem

Care of Child

Etc.


 Please advise


Thanks


 

Damayanti (Unemployed)     09 January 2011

The SC court has said very recently, and it was in news papers that

Even judiciary is feeling helpless with adjournment techniques.

 

Most couples come to terms of compromise only due to this adjournments. This is not a justice in such case.

 

People shouldn't come to court for trivial reasons and to get (rather demand without even any introspection) separation,

first they decide that they want to separate and then using a reverse methods they decide on grounds to fit into. Dragging of the case, makes a scenario as if marriage is broken.

 

After spending nmoney of my parents on litigation, I am also in many doubts.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     09 January 2011

Then the courts should fix maximum number of hearing in each case and if any party draggs the case the party will loose the case.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 December 2011

Dear All, It is requested to please through some light as to how the case can be tried on day to day basis under these provisions. What reasons are acceptable to court for applying these provisions: Health Problem Care of Child Etc. Please advise Thanks

Shantanu Wavhal (Worker)     14 January 2012

Depending upon the facts of ur case & merits, u can just outcry - Bachao ... Bachao !! Jaldi Bachao !!!


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