Hindu Marriage Act Section 21B: Special Provision Relating to Trial and Disposal of Petitions
Exact Code:
(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.
Explanation:
Section 21B of the Hindu Marriage Act, 1955 emphasizes the speedy disposal of petitions and appeals related to Hindu marriage. It sets out timeframes for trial and hearing, aiming to provide a swift resolution to marital disputes.
Illustration:
Consider a case where a wife files a petition for divorce under the Hindu Marriage Act. The court, under Section 21B, is obligated to conduct the trial expeditiously, ideally concluding it within six months from the service of the petition on the husband. The court can only adjourn the trial for valid reasons, which must be documented.
Common Questions and Answers:
Q: What happens if the trial or appeal isn’t concluded within the specified timeframes?
A: While the Act mandates a speedy process, failure to meet the deadlines doesn’t automatically invalidate the proceedings. However, the court should provide justification for any delays.
Q: Can the court extend the timeframes for trial or appeal?
A: Yes, the court has the discretion to extend the timeframes if it deems it necessary for the interests of justice. However, such extensions must be documented.
Q: Does Section 21B apply to all cases under the Hindu Marriage Act?
A: Yes, this section applies to all petitions and appeals under the Hindu Marriage Act. It aims to promote the efficient resolution of marital disputes.
