What is the most effective way to expedite a divorce case - ex-parte judgement was set aside on respondents plea who appeared in court after 11 months. She also filed Restitution of Conjugal Rights subsequently mere days before 2 years of her desertion. I have been advised below options : 1. move High court for a time bound disposal different advocates on this forum cite different sections/provisions of law -- under what section has not been specified - please advise how to do this and the sections of law which i should refer to further clarify and proceed. - Section 21b - Appoint Commissioner Thanking you ..
Hello,
File an application under 21B first if the application is rejected by the court then move to the HC in an appeal against such order.
Also you may move to the HC directly under article 227 of the constitution of India to get the order that the case be decided in time bound manner
Regards
A application under 21B can be filed before the court in which the matter is.going on to expidite the proceedings.
An application for appointment of commissioner can be moved along 21B for expediting and commissioner can record statements though the expense is to be Bourne by you.
Further you can file an SCA under writ direction of high court for direction for family court to expidite the matter and dispose in given time.
Section 21B in The Hindu Marriage Act, 1955, is more effective and expedite way of divorce.
1) there are lakhs of cases pending in family court
2) Bombay high court is reluctant to expedite hearing and final disposal of divorce petition
3) your case has been filed only a year back . No case for expedited hearing is made out
case has been going on for near 3 years now.. filed august 2015 .. and the respondent has been abusing provisions of law to delay matters , she filed false complaint , deserted herself and after nearly a year of wilful absence from court and just days short of 2 years of desertion she filed rcr .. now is delaying cross .. is this enough for high court to advise family court to expedite in your opinion?
Yes, of course alll these ground would be very well sufficient.
You need not to respond rcr and let the court decide Restoration of conjugal rights as exparte.
File a writ in the High Court in regards to delay to get order on timely disposal and mediation of the case.
Yes, you can seek an early disposal of RCR case on ground of ongoing divorce and delay tatic by your.wife and also can seek direction to expidite the proceeding as this is seer abuse of law.
Also in recent time the high court and supreme court is of view that in cases where there are no chances of getting back should be decided early so that both the parties can move on in their life.
Take injunction or quash from high court against her that case RCR and other case.
1)since case has been going for 3 years you can seek expedited hearing from HC
2) however HC is generally reluctant to expedite hearing and final disposal as family court has lakhs of cases pending
1. Section 21B is only a paper tiger.
2. Move the High Court through a petition for expeditious disposal of the case. The right to a speedy trial is a fundamental right. Since the case was filed 3 years back the HC should issue some directions to the court below to expedite the matter,
yes these are sufficient grounds for you to get the case expedited.
regards
She has rights to get the exparte order set aside becasue she is a party to the pending case.
She cannot allow any order to be passed against her without being heard, even you wont like that sitaution.
What is the relief that you are going to seek from high court or under section 21B.
The proceedings that is going on the in the trial court seems to be absolutely normal and routine.
Even for filing a petition for an expeditious trial, you may have to show some reasons or to highlight the inordinate delay in the trial proceedings, which is missing in your case, hence you will be ending up in more loss and frustration if you plan to initiate any fancy legal steps.
What is the purpose of appointing any commissioner?
Even after getting an order in your favor from high court you may not find much difference in the trial court with regard to to the conduct of the case, you may have to be satisfied with mere chidings of the judge to the opposite party for delaying the process.
The court procedures and the prevailing circumstances have to be endured, frustrations will not show you the correct path, you can get the relief from the trial court itself by putting pressure for the dilatory tactics adopted by the opposite party.
Your advocate can speak about this on the next hearing.
Approach the High Court and file a writ petition seeking expedited disposal of your pending divorce case.
The above is a fairly simple process and any local advocate should be able to help you with this.
