Code: Section 21B Hindu Marriage Act
(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 of Section 21B of the Hindu Marriage Act
Section 21B of the Hindu Marriage Act, 1955 aims to ensure the speedy trial and disposal of matrimonial petitions and appeals. It mandates courts to:
- Prioritize daily hearings in divorce and matrimonial cases.
- Attempt to complete trials within 6 months from the date notice is served to the respondent.
- Ensure appeals are heard and decided within 3 months of notice to the respondent.
This section is a judicial safeguard to prevent prolonged matrimonial litigation, thereby reducing emotional stress on parties involved and helping achieve timely justice.
Key Highlights:
- Day-to-day trials are preferred unless delayed for recorded reasons.
- Trial should ideally be completed within 6 months.
- Appeals should ideally be concluded within 3 months.
- Applicable to all petitions and appeals filed under the Hindu Marriage Act, including divorce, judicial separation, annulment, and restitution of conjugal rights.
Illustration
Example 1: Fast-Tracked Divorce Petition
A husband files a divorce petition under Section 13 of the Hindu Marriage Act. The court serves notice to the wife on January 1st. As per Section 21B(2), the trial should ideally be concluded by June 30th. Unless exceptional circumstances arise, the trial must proceed without unnecessary adjournments.
Example 2: Timely Appeal Process
After a family court grants divorce, the respondent files an appeal. Under Section 21B(3), the High Court should aim to conclude the hearing within three months of serving notice of appeal to the opposite party, ensuring timely redressal.
Common Questions and Answers on Section 21B
1. Why is Section 21B important?
Section 21B prevents undue delays in matrimonial litigation, protecting parties from prolonged legal battles and helping them move forward with their lives.
2. Is the 6-month trial period mandatory?
No. Section 21B uses the word “endeavour,” which means courts should aim to conclude the trial within six months, but this is not strictly mandatory. Practical constraints may extend this period.
3. Can courts adjourn matrimonial proceedings?
Yes, but only if there are valid and recorded reasons. Otherwise, trials must continue on a day-to-day basis as far as possible.
4. Does this section apply to all kinds of matrimonial petitions?
Yes. It applies to all petitions and appeals under the Hindu Marriage Act including divorce, annulment, restitution of conjugal rights, and judicial separation.
5. What if a trial takes longer than 6 months?
While the law recommends a six-month window, delays due to complex facts or legal technicalities are not uncommon. However, parties can move higher courts to expedite proceedings if they are unnecessarily delayed.
Conclusion
Section 21B of the Hindu Marriage Act plays a crucial role in promoting judicial efficiency and emotional relief for litigants in matrimonial cases. By encouraging day-to-day trials and setting timelines for both petitions and appeals, the law seeks to deliver justice without delay.
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