Expedite RCR proceedings
3 years ago
I got married in March 2017 and Nov 1st, 2017 she left home without any proper reason.
she did not come back after multiple try also. So I applied for Divorce on Sep 2018... it ran for some time. Then she filled RCR on Mar 2019...
no intention to come back but demanded money of 50 Lac.. then I withdraw my divorce and filed a memo in court stating I am ready to live with her in July 2019...
She refused to come back in the court itself and Judge send us to mediation. Then they came down to 10Lac settlement.. but I couldn't pay and I was ready for 5 Lac.
as the mediation was failed, I filled an IA to accept her RCR on Jan 2020, the intention was to give her some time and if she is not coming back, file the divorce petition again on the grounds of desertion. But Due to corona, the case is delayed.
I was reading about Section 21B to expedite the case.. Can I file that to get the RCR order? is it allowed now?
Struggling for the last 3 years, to get some solution to my life. Any guidance will be helpful
Rameshwar Dadhe
Responded 3 years ago
A.Under this section disposal of petition. You will need RCR orders
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A.Dear Sir,
Inspite circulars and law the litigants and advocates not pressuring the court to dispose the cases within stipulated period.
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Section 21B(2) in The Hindu Marriage Act, 1955. (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.
Section 21B(2) in The Hindu Marriage Act, 1955
(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.
In divorce petition trial to be concluded within six months from date of service of notice on respondent
Rajasthan High Court: A Single Judge Bench of Ashok Kumar Gaur, J., disposed of the current petition seeking an early date for a divorce proceeding.
Brief facts of the case are that the petitioner-husband seeking a direction to give early date in divorce petition pending in Family Court Jaipur filed this instant petition. He had also prayed for early disposal of the application of divorce petition filed under Section 13 of the Hindu Marriage Act, 1955. The office had registered the divorce application on 25-09-2018 and issued notices to respondent-wife by fixing the next date i.e. 12-02-2019.
The counsels for the petitioner, Mr Prashant Sharma and Mr Prateek Khandelwal, submitted that the petitioner was facing not only mental trauma but he was also being harassed by his in-laws every day and as such disposal of the application for divorce petition was the need of the hour. They also argued that Section 21-B of the Hindu Marriage Act, 1955 provides that trial should be continued from day to day and further as per sub-section (2) the divorce petition should be tried expeditiously and endeavour should be made to conclude the trial within six months.
The High Court while discussing Section 21-B of the Hindu Marriage Act, 1955 stated that endeavor is required to be made to decide the divorce petition expeditiously and the endeavor should be there to conclude the trial within a period of six months from the date of service of notice of the petition upon the respondent. The Court found that date of service of notice in the instant petition was already fixed on 12-02-2019. The instant petition was thus disposed of observing that no unnecessary adjournment should be taken by parties during the pendency of divorce petition. [Vipul Khandelwal v. Nikita Khandelwal, 2018 SCC OnLine Raj 2322, order dated 11-12-2018]
=======================================================
Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
Inspite circulars and law the litigants and advocates not pressuring the court to dispose the cases within stipulated period.
============================================
If my answer is helpful to you then please give my FIVE STAR
===========================================
Section 21B(2) in The Hindu Marriage Act, 1955. (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.
Section 21B(2) in The Hindu Marriage Act, 1955
(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.
In divorce petition trial to be concluded within six months from date of service of notice on respondent
Rajasthan High Court: A Single Judge Bench of Ashok Kumar Gaur, J., disposed of the current petition seeking an early date for a divorce proceeding.
Brief facts of the case are that the petitioner-husband seeking a direction to give early date in divorce petition pending in Family Court Jaipur filed this instant petition. He had also prayed for early disposal of the application of divorce petition filed under Section 13 of the Hindu Marriage Act, 1955. The office had registered the divorce application on 25-09-2018 and issued notices to respondent-wife by fixing the next date i.e. 12-02-2019.
The counsels for the petitioner, Mr Prashant Sharma and Mr Prateek Khandelwal, submitted that the petitioner was facing not only mental trauma but he was also being harassed by his in-laws every day and as such disposal of the application for divorce petition was the need of the hour. They also argued that Section 21-B of the Hindu Marriage Act, 1955 provides that trial should be continued from day to day and further as per sub-section (2) the divorce petition should be tried expeditiously and endeavour should be made to conclude the trial within six months.
The High Court while discussing Section 21-B of the Hindu Marriage Act, 1955 stated that endeavor is required to be made to decide the divorce petition expeditiously and the endeavor should be there to conclude the trial within a period of six months from the date of service of notice of the petition upon the respondent. The Court found that date of service of notice in the instant petition was already fixed on 12-02-2019. The instant petition was thus disposed of observing that no unnecessary adjournment should be taken by parties during the pendency of divorce petition. [Vipul Khandelwal v. Nikita Khandelwal, 2018 SCC OnLine Raj 2322, order dated 11-12-2018]
=======================================================
Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
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