Is Right to Speedy Trial is also available in divorce case?

PROVISION OF SPEEDY TRIAL UNDER THE HINDU MARRIAGE ACT ALSO AVAILABLE FOR DIVORCE.

FILE A PETITION QUOTING SEC BEFORE THE COURT.

Yes. under Art 21 COI it is a fundamental right of a litigant to get assured speedy trial of the matter. Place an Application under Section 21 B HMA for expeditig the proceedings if divorce suit governed by Hindu Marriage Act.


If Court does not follow up then on next date file an Memo to the Court and again if neither Court nore OP respect your "speedy trial" plea then move to HC under Art. 227 / 226 COI and pray to dispose of the Suit on time bound manner your cry will be heard now and you get desired relief too.


[Off the records when I places such an Application the petitioning wife didnot appear for next 18 months result the divorce suit instituted by her ownself got "dismissed in default" but then she raised her 'fundamental rights" que. just like Mrs. Shinde is raising currently and she got re-instuted her own dismissed Suit to same status. Now I am raising the que. of "abuse of process of Court" and funny part the Court asks her to file a rejoinder to alleged acts of "abuse of process of Court". I am flattened to guess what will be her rejoinder now, so Legal Fighter bottom line in a Divorce suit no one cares, only thing that matters is that the litigants must approach the Court with a "solution" not with a problem of their temparamental differences, rest it is upto you what you can make out of this already tested gyan].


There is an Urdu saying: "marz badhta hi gaya, jyon jyon dawa ke saath". Means "the malady continued to increase as more medicine was given"... now let us chill pill afterall it is a divorce case na.

Rgds.

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. 

in the subject write

...... 

Petition under sec 21B of act no 25 of 55.

............

the above may be filed as interim application. you will get an IA No.

@ Arup ji,


Que.: Is IA No. must ?

Flop view: I am facing some 18 cases and both spouse filed several IA's till date BUT I never seen a single IA no. till date in any of the certified copies of IA's. Checked with three District Trial Courts of Delhi where our IA cases are and Court says IA No. is not given so I am wondering now what your answer to abv. que is going to be and if confused then kindly refer to my files section to review a file titled "Source of Law vis-a-vis Practice in India :-)

ops....said it with rgds.

IA NO IS MUST FOR EVERY INTRRIM APPLICATION.

IF CLERK NOT GIVEN - IT IS FAULT OF CLERK.

IF JUDGE NOT TAKEN INTO NOTICE - IT IS THE FAULT OF THE JUDGE.

IT IS ANOTHER EXAMPLE OF NEGLIGENCY OF THE COURT.

Sounder this section if wife/husband files case then the case will be over within 6 months.Please advise if it is compulsory or optional for the court .

Please also advise if wife is not ready to come back without meeting her undue demands first and also not ready to go to court for divorce then what is the option for the husband.Husband is ready to do everythihng but wife and her parents are very rude and adamant and they dont want to lisson anything.9 months have already elapsed and they are staying separately.

it is neither compulsary nor optional.

practically it crates pressure upon the court on stagged position.

if the case moving smoothly, then please do not disturb it.

in case court staff or opponent party take delay tactise, then it is usefull.

always mind the oponent has the equal right as you.

" Please also advise if ........ they are staying separately."

Pray restitution of conjugal rights under sec 9 of the hindu marriage act, 1955.

In your prayer also write what are the undue demands wife raised.

Arup ji main main demand is adoption of her child from earlier marriage and main concern in filing RCR is they may file false cases of DV ,dowry etc. although one safety net is she has given in writing that no dowry has been given , they are separate for 9 months, she is already divorcee and has taken huge money in first divorce.Husband use to bear all the expenses and was paying fee for her child through cheque.She waS CRUEL TO HUSBAND AND MANY TIMES BEAT HIM, HIS CHILD WHICH HE MENTIONED IN HIS MAILS TO HER AND EVEN ONCE BROKEN HER HAND.SHE DO NOT RESPECT HIS FAMILY MEMBERS, MANY TIMES SHE REFUSED PREPARING FOOD,SENDING CHILDERN TO SCHOOL,FOR SEX AND EVEN FOR SLEEPING WITH THE HUSBAND, STOPPED TALKING OR RESPONDING FOR MANY DAYS AND ALSO SAID THAT SHE LOVES TOO MUCH HER EX-HUSBAND. ALL ABOVE HAS BEEN CONTINUOUSLY MENIONED IN THE MAILS TO HER BY THE HUSBAND.

PLEASE SUGGEST WHAT TO DO ?

Arup Ji Please also note that she had got terminated pregnancy without conseent of husaband and several request to keep the child she got it terminated.

Respected Sir(s)

I have a question

Can the Respondent WIFE (who wants to reunite with her husband and not willing for DIVORCE) ask the court for a speedy trial process so that she can prove with FACTUAL AND DOCUMENTAL EVIDENCES to the court that the PETITION FILED FOR DIVORCE is false , fabricated and does not contain any true information?

In this case, a inital petition was filed by the husband before 1 year of marriage - u/s 14(1) of HMA seeking permission for filing a petition u/s 13(i)(ia) for divorce

After 1 year of marriage and after 3 months of the first petition becoming not maintainable, the husband filed a petition u/s 13(i)(ia) as the initial petition was dismissed

Now the wife has to submit a counter on the next hearing date - In January 2011

Along with the Counter Affidavit - which is focused only on reuniting with her husband can the Respondent (WIFE) - request the court for a SPEEDY TRIAL PROCESS ?

The husband and wife are living seperately since November 2009 - 12.5 months and when they were seperated the wife was 4 months pregnant and their marriage was only 5.5 months and today the wife is having a 8 month old baby

Please advise - what are the remedies available to the RESPONDENT WIFE seeking reunion with her husband to request for SPEEDY TRIAL  , Apart from filing RCR - because the RESPONDENT WIFE is keen to rejoin without the existence of any case pending before the court .

Can any seperate petition be filed for the same or can a few lines to the effect of conducting a SPEEDY TRIAL be included on the counter petition itself?

THANKS for your response.