• Section 21B

I filed for divorce in 2015, respondent wife attended 2 counselling sessions and then wilfully abstained from court proceedings for over 11 months - on date of ex-parte judgement she showed up and has since been delaying matters and has filed RCR etc. the next hearing is nearly 2 months away.. 

My queries are 
1. Can i file a application to expedite as per section 21b of Hindu marriage act anytime before the next hearing date ?

2. what are the odds 21b will be allowed and case expedited..

3. Is it advisable to appoint a advocate commissioner instead.
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

1. Ye you may move an application

2. chances are high that the application will be allowed

3. that is not possible in this case

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) you can file application for expediting hearing before next date

2) there are lakhs of cases pending . Court would not expedite hearing

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1. Can i file a application to expedite as per section 21b of Hindu marriage act anytime before the next hearing date ?

Opinion:- yes, you can file an application under section 21B of Hindu Marriage Act-1955 before the family court and approach for speedy trail, thr court is bound by law. Even the opposite party can not be object on this application and this application will allowed.

2. what are the odds 21b will be allowed and case expedited..

Opinion:- as above, the court will allow the same and fixed the matter for speedy trail which the statutory law and your fundamental rights too.

3. Is it advisable to appoint a advocate commissioner instead.

Opinion:- it may be possible but you have to pay the expenses of that advocate or retired judge who will be appointed local commissioner for recording of statements.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) Yea you can file for section 21b with current on going case and give answer to your wife's RCR filed case. Yes you may appoint an advocate.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can file application for expediting before next date

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

You can move it right away

if the court is not willing to listen the same then the court will pass an order to list the same with the main case on the respective date

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

I hope your query has been answered well, reach out if you need further clarification

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Yes, you can very well file such petition at this stage to expedite the trial of the suit.

2. Even if the court allows such petition due to heavy backlog of cases and shortage of manpower there is unlikely to be much progress of the case.

3. Advocate commissioner has nothing to do with the fast trial of the suit.

4. To expedite the suit apply before the high court under its civil revisional jurisdiction as once the high court fixes time frame of 5-6 months lower court becomes bound to comply with it.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes you can file a 21B application before the next date and it is statutory under law so the court shall allow it mentioning reasons there by in order.

The advocate commissioner can be appointed on given cost by the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You can file the application u/s 21b of HMA on the next date of hearing.

2. There are words like ' so far as is practicable' in the said section which might not allow matters to be changed even if you file the said application.

3. No. On the contrary, you can file a Writ Petition before the High Court praying for a direction upon the Court ower, to expedite the matter and dispose of the case within a fixed time frame of 6 more months. This will be much more useful.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Your application u/s21b shgall have to be filed on the next date of hearing after serving copy of the same to the opposite party in advance.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You shall have to file the said application in connection with the case already being heard by the Judge on the same day when your matter was scheduled to be heard next.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Depends. If you filing before the Family Court then no, you need to file it on the next date because as such there is no urgency in your matter. 2010-2011 matters still going on in Family Court. If in the High Court directly, yes you can.

2. That depends from Court to Court and no fixed answer can be provided.

3. Advocate commissioner for leading evidence? It may help up speed up things.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Yes, you can file it.

It is called application for preponment under section 151 of CPC.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. You can file application under Sec.21B before next date of hearing but you need to get case advanced under 151CPC and serve copy of same to opposite party. Each state has own procedure with that effect.

2. Chances of allowing application will be high subject to objections filed by opposite party. If you can show genuine reasons to get case disposed off at earliest the court may grant the prayer.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. What is the use?, even then the situation will not change owing to the burden on court.

2. It is a special provision for trial and disposal of the petition under the act.

3. There is no provision for that.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

questions are arranged in order of preference - please answer #1 first .. i.e can i file for expedition under section 21b anytime or it has to be filed on next hearing date ?

You can file it only on the next date of hearing or you may have to first file a hearing advance petition for filing this petition.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

- but please note i want to know if i can move the application for expedition under 21b rightaway or it can be filed only on next court date ? key is if i can do it right away.. please do clarify.

It can be filed on the next date of hearing only.

If you want to file this petition in between, then you may have to first file a petition seeking to hear the matter in advance from that date to a closer date for the reason to allow you to file the proposed petition.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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