Hindu Marriage Act Section 21B — Special provision relating to trial and disposal of petitions under the Act

General

Summary

A petition filed under this Act should be heard in court on a day-to-day basis, as far as possible, until it is finished. The court can only postpone the hearing to the next day if it records written reasons why that is necessary for a fair trial. The court must try to complete the trial within six months from the date the other party is served with the notice of the petition. Any appeal against a decision must also be heard quickly, with the goal of finishing the appeal hearing within three months from the date the other party is served with the appeal notice.

Official Text

(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.