BEFORE THE HONORABLE FAMILY COURT OF (CITY NAME)
CASE No: CRMA J xxxx/2019
MOST RESPECTFULLY SHOWETH:
1) It is submitted that petitioner had filed maintenance application bearing case no Cr.MA J xxxx/2018 u/s 125 CrPC on 31st May’2017 in Family Court, (City Name) and another case bearing no 2524/2018 under PWDV Act 2005 in JMFC, (City Name).
2) It is submitted that the applicant want to treat this case in fast trial mode under provision and as part of Article 21 of the Constitution guaranteeing right to life and liberty.
3) The current situation of the applicant must be taken into cognizance by this Hon’ble Court as the delay in this trial can cause destruction of the remaining life of the Applicant. “RIGHT TO LIFE” has been given by Art. 21 of CONSTITUTION OF INDIA to every Indian citizen.
4) The provision in HINDU MARRIAGE ACT 1955 is very clear as given below to run the trial in matrimonial matters expeditiously i.e. speedily & conclude it within 6 months PROVISION IN “THE HINDU MARRIAGE ACT 1955” CAN BE READ AS FOLLOWS:
“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. So it is my humble request to the Hon’ble Court to take appropriate & necessary steps for Speedy trial in this case as per the provisions mentioned in law”.
5) Speedy Trial is need of the hour. The huge backlog of pending cases in India is an issue about which much has been written and deliberated. Inspite of digitization of case records and huge technological advancement being witnessed, not much progress has been reflected in this area. If a case lingers for a long time and justice is not meted out to the rightful party then the whole purpose of law and justice gets frustrated. Hence, the right to speedy trial has rightly been remarked to flow from the right to life guaranteed under Article 21 of the Constitution.
6) The same law point has been very clearly explained in landmark judgement of Hon’ble Supreme Court in the case of Hussainara Khatoon v. Home Secretary State of Bihar [(1980) (1) sec 98] held speedy trial as part of Article 21 of the Constitution guaranteeing right to life and liberty. The Apex Court in the case also observed that if a person is deprived of his liberty under a procedure which is not ‘reasonable fair and just’, such deprivation would be violative of his Fundamental Right under Article 21 and he would be entitled to enforce such Fundamental Right and secure his release. The case pertained to state of undertrial prisoners in Bihar who were languishing in jail for several years.
7) Another noteworthy judgment which further firmly establishes right to speedy trial as a Constitutional mandate is the case of Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs. Union of India. In this verdict, the Supreme Court laid down certain conditions for release of undertrial prisoners on bail where trial was not completed within a specified period of time.
There is no denial of the fact that speedy trial is recognized by the Legislature as well as Judiciary as an essential pillar of law and justice in India. The recent legislations and reforms being witness in the judicial system indicate the same.
8) Hence this application, for case no. CrMA J xxxx/2018 is requested on fast track mode under the article 21 as stated above.
1) Most humbly and respectfully in view of aforesaid facts and best interest of justice respondent prays for speedy trial of maintenance application bearing no Cr. MAJ xxxx/2018 u/s 125.
Date: 24th May’2019
(City Name) Respondent