MyNation KnowledgeBase

Landmark Judgments and Articles on Law

Register to Download

SAMPLE FOR SPEEDY TRIAL APPLICATION U/Sec. 21-B of HMA

IN THE COURT OF CIVIL JUDGE (Senior Division), ————-,

Hon’ble Judge Shri. Saheb
At —————–

[H.M.P. /2010]

Mr. ——————————– – Petitioner
vs.
Mrs. ——————————- – Respondent

THE APPLICANT HUMBLE REQUEST TO THIS HON’BLE COURT THAT –

That the applicant wants to treat this case in fast trial mode under the provisions of 21 (B) mentioned in Hindu Marriage Act 1955. The suit for divorce is filed by the applicant against the respondent on the ground of cruelty & other charges mentioned in the petition.

The current age 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. If there is delay in the said case caused by any type of obstruction created by the respondent then the Right given by the Constitution of India can be violated in concern with the Applicant. This causes irreparable loss to the Applicant & his whole family, because Applicant is the only son of his parents.

The provision in HINDU MARRIAGE ACT 1955 is very clear as given below to run the trial in matrimonial matters expeditiously i.e fastely & conclude it within 6 months from the date of service of notice to respondent.

* 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.

READ  When court should not give divorce on ground of unsoundness of mind of other spouse?

So it is my humble request to the Ho’ble Court to take appropriate & necessary steps for Speedy trial in this case as per the provisions mentioned in law.
For this act of kindness the Applicant shall ever pray & bound by the order in favour of Applicant passed by this Hon’ble Court.

PLACE : Date :

APPLICANT SIGN

1. Arun Kumar Agarwal vs Radha Arun And Anr.
2. Ashok Kumar Kanaujjia [U/Art. 227] vs Additional Principal Judge,Family Court
3. Darshan Lal Bajalia vs Suman
4. NeeruS oni vs Rahul Soni
5. Smruti Navin Naulakha vs Navin Subhash Naulakha
6. Narayana Nadar vs JayakodiAmmal

21B Special provision relating to trial and disposal of petitions under this 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 endeavor shall be made to conclude the trail 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 endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
Maintenance/marriage petition/case under sec. 138 of N.I. Act are to be speedily disposed off.

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 MyNation KnowledgeBase
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

READ  Even A Beggar Can Stand As Surety If He Has Acceptable Residential Proof.
MyNation FoundationMyNation FoundationMyNation Foundation