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Sachin Gulyani (Student)     01 March 2016

Section 21(b) - speedy trial

Dear Members,

 

I want learned experts to throw light on section 21(b) for speedy trial.

 

My queries are as follows:

 

1)  Where to file for 21(b)?  - High Court or any other Court ?

2)  Who is eligible for filing 21(b)? -Both husband and wife? Any other eligibility requirements?

3)  Any evidence needed?  I mean to prove why we want speedy trial?

4)  If after serving summons and the respondent do not remain present,then for exparte also, court take consideration of 21(b)?

5)  What if even after 21(b), court is unable to solve the matter in 6 months?

 

If this is a simple thing to do, then I do not understand why people do not file 21(b),  it can save lot of time,  is it because most of them are unaware of this?

 

Please impart your expert knowledge, I will be grateful.  It can save much much time.



Learning

 1 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 March 2016

Please file a write petition under article 226 (mandamus) read with the following section (21-B of HMA) to get the speed proceedings order.

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp


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