Legal Question in Family Law in India

Sir

I got the order below:-

Category:---Writ Petition Against Orders Of Civil Courts, Etc. Matters Under Article 227 Of Constitution Of India-Matters Under Article 227 Of Constitution Of India

Order High Court :-

The petitioner is a husband. He has filed a suit under Section 13 of the Hindu

Marriage Act, 1955 against the wife, respondent.

He has preferred this petition for a direction upon the Chief Judge, Family

Court,

------Vs -------expeditiously within a time bound period.

The submission is that the other side has put in appearance and has filed

written statement whereupon issues have also been framed.

Section 21-B of the Hindu Marriage Act, 1955 clearly lays down that the trial

of a petition under this Act shall, so far as is practicable, be continued from

day to day until its conclusion and every petition 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.

Thus, the aforesaid provision mandates for the disposal /decision on a petition

under the Act within a period of six months from the date of service of notice

upon the other side.

In view of above facts and circumstances, the petition is disposed of with the

direction to Chief Judge, Family Court, --------- to proceed with the suit in

accordance with mandate of Section 21-B of the Act and to conclude its trial

as expeditiously as possible within a period of six months from the date of

production of certified copy of this order.

Q1--After the above order From High Court --Can I file 340 Cr PC Or Not ?

Q2-- Can I file enhancment for Maintenance or not ?


Asked on 1/22/13, 11:18 pm

1 Answer from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Yes,

Read more
Answered on 1/23/13, 5:06 am


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