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 ?