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(Guest)

Want to speed up my rcr case running in family court

Wife filed Divorce u/s 13 1 ia. I filed WS & RCR in counter. Ready to take her back. It is almost 10 months now since i recieved divorce notice.  now issues are going to frame on next date.

But i want to speed up the case & want to dispose this case within 1 year from now. For that what should i do?

1. Shall i give application in family court for speed up my case

2. or shall i give application in high court for speed up

3. Will court agree for speedy trial or it needs some solid ground.

 

Pls reply



Learning

 5 Replies

Shantanu Wavhal (Worker)     06 November 2013

no, badtrapped.

21b is applicable only to hindu marriage petitions.

DV case, by itself runs faster

Shantanu Wavhal (Worker)     06 November 2013

earlier u asked applicability of 21b to DV case

ANS : NOT applicable.

 

SMA has a parallel provision as follows :

 

40-B. 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.


(Guest)

@ Amit

Thank you

1. I m respondent in this case & filed RCR against my wifes divorce case. So cas respondent claim for speedy trial?

2. If yes, Will you pls explain me what are the various ground on which i can claim for speedy trial in FC/HC?

Thanks

Shantanu Wavhal (Worker)     07 November 2013

Originally posted by : Amit---------------

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

read carefully


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