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SP Singhss (Engineer)     28 August 2016

When and at what stage speedy trial can be applied

I have various cases pending on me instituted by my wife ie - DV, divorce, 498a, Restitution, maintenance, child custody etc. I want to know in which of the cases i can go for speedy trial; please quote the relevant provisions and what are the merits and demerits of a speedy trial ?


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 4 Replies

Sidharth   28 August 2016

Its obvious that petition for speedy trial can be filed in any case but first question that court will ask that there are so many cases pending in court and every party whants to dispose off its case on priority, What are merits of your case on the basis court should order speedy trial.?

If you have answer of this question go ahead.

Dont rely only on speedy trial is a fundamental right.

Agastya   28 August 2016

Aren't these usually handled in order of dependence? Without divorce there is no question of maintenance. Divorce, per my knowledge is a minimal of 6 months from the time of first filing at family court. A so called "6 months cooling period" is compulsory. What is the other DV you refer to? But sadly the divorce case can't proceed without the restitution case closure. This is 1 year minimum post judgement. You can try for the closure, that is quick judgement of restitution case. Then spend 1 year. Then actual divorce case initiation. Then 6 month cooling. Then mediation,which will close out the maintenance and child support matters. Then actual divorce decree.

saravanan s (legal advisor)     28 August 2016

Have you filed mcd or contested divorce

Samir N (General Queries) (Business)     28 August 2016

To get speedy trial, the best way to do so is to approach the High Court with a Writ Petition. But first you must approach the trial court. If the trial court denies, then you appeal to the High Court (not with a Writ Petition). Most likely the trial Court will not issue any Order or will issue an Order in favor and blissfully ignore its own Order. Then you go to the High Court with the Writ Petition.  You must outline the reasons why you need a speedy trial. It works - for example, when the husband is settled abroad. There may be other basis too...  An Order from the High Court for a speedy trial works wonders.


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