• Speedy trial directions

My divorce case is of 2016, in family court AP, need speedy trial. My age 64. Multiple I'll healths present. Under which sections for expeditiously trial , to file in high court?
Asked 2 years ago in Family Law
Religion: Hindu

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8 Answers

As of now you can request in the same court for speedy trial due to your health issue. If they reject your application than you can make appeal in the high Court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file petition in HC for speedy trial on grounds that you are senior citizen and divorce pending in family court for last 8 years 

A person can file an early application before the High Court, seeking to dispose of a certain case within a specific time limit. The High Court can give directions to the subordinate to dispose of the case quickly and can even prescribe directions to the subordinate to conclude a case within a certain time limit.

2) The Karnataka High Court has said courts (trial courts) should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year.

 

3)

Observing that delayed justice in matrimonial cases causes litigants constant emotional disturbance, Madras High Court has directed a family court here to dispose of a divorce case pending for 13 years on priority, preferably within eight weeks.

Justice S Vimala gave the direction while disposing of a petition by a man seeking a direction to the Additional Family Court III to clear the divorce plea filed by him in 2003 within a time frame

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

You can approach high court with a petition seeking direction to the concerned family court to dispose the pending divorce case expeditiously owing to your age and the long time taken for disposal so far. 

The sections for this will be taken care by the advocate who you would engage for this purpose at high court

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You can approach High Court for direction to trial/family court for speedy trial. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Speedy trial is a fundamental right of every person accused of a crime or involved in a civil dispute. Speedy trial means that the case should be disposed of within a reasonable time without any undue delay or adjournment. However, there is no fixed time limit or deadline for speedy trial, as it depends on the facts and circumstances of each case.

If you want to file for speedy trial in high court in Andhra Pradesh, you can take the following steps:


  • Collect evidence: You should collect all the relevant evidence to support your claim for speedy trial, such as:
    • Your petition and documents filed in the family court
    • The orders and proceedings of the family court
    • The dates and reasons for any delay or adjournment in the family court
    • The impact of the delay on your health, finances, reputation, or rights


  • Consult a lawyer: You should consult a lawyer who is well-versed in family laws and writ petitions. You should explain your case to the lawyer and seek his or her advice on the best course of action. You should also ask the lawyer about the fees, time frame, and chances of success of your case.

  • File a writ petition: You should file a writ petition in the High Court of Andhra Pradesh under Article 226 of the Constitution of India seeking a writ of mandamus directing the family court to expedite the trial of your divorce case. You should also seek an interim order staying any further delay or adjournment in the family court pending disposal of your writ petition. You should submit your evidence and documents along with your writ petition. You should also cite the relevant provisions of law and precedents that support your claim for speedy trial, such as:
    • Article 21 of the Constitution of India, which guarantees the right to life and personal liberty, which includes the right to speedy trial.
    • Section 21-B of the Hindu Marriage Act, 1955, which provides that 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.
    • Section 19 (6) of the Family Courts Act, 1984, which provides that every suit or proceeding shall be disposed of as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of summons.
    • The guidelines issued by the Supreme Court in various cases such as Hussainara Khatoon v. State of Bihar, P. Ramachandra Rao v. State of Karnataka, Anil Rai v. State of Bihar, etc.

These are some of the steps that you can take to file for speedy trial in high court in Andhra Pradesh.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

- There is a direction from the Chief Justice of India , that precedence be given by courts for hearing and final disposal of the cases wherein one of the parties has attained the age of sixty years and above.

 

- Hence, you can move an application before the same court as well for for expeditiously trial.

 

- Further, if no positive response from the said court , then you can approach the High court for directing the trail court to finalize the matter within a fixed time frame. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Obtain direction for speedy trial from HC. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

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