Section 21B HMA: Special provision relating to trial and disposal of petitions under the Act
Hindu Marriage Act, 1955
Section 21B HMA at a Glance
Section 21B HMA directs speedy trials and appeals under the Hindu Marriage Act, 1955, with day to day trials unless adjourned for recorded reasons. Courts must endeavour to conclude trials within 6 months and appeals within 3 months of notice service.
Section 21B HMA Bare Act Text
21B. Special provision relating to trial and disposal of petitions under the 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.
Amendments to this section
- Ins. by Act 68 of 1976, s. 14 (w.e.f. 27-5-1976).
Section 21B HMA in Simple Words
Section 21B HMA sets special rules for the speedy trial of petitions and the speedy disposal of appeals under the Hindu Marriage Act, 1955. Inserted by Act 68 of 1976 with effect from 27 May 1976, Section 21B HMA lays down rules on day to day trial hearings and target periods for both trial courts and appellate courts.
Under Section 21B(1) HMA, once the trial of a petition under the Act begins, the trial must be continued from day to day until its conclusion, so far as is practicable and consistent with the interests of justice in respect of the trial. An adjournment (postponing the hearing) beyond the following day is permitted only where the court finds that adjournment to be necessary and records its reasons.
Under Section 21B(2) HMA, every petition under the Act must be tried as expeditiously as possible, and an endeavour (effort) must be made to conclude the trial within 6 months from the date on which notice of the petition is served on the respondent. Under Section 21B(3) HMA, every appeal under the Act must likewise be heard as expeditiously as possible, and an endeavour must be made to conclude the hearing of the appeal within 3 months from the date on which notice of the appeal is served on the respondent.
When Section 21B HMA Applies
- The trial of a petition under the Hindu Marriage Act, 1955 must continue from day to day until conclusion, so far as is practicable and consistent with the interests of justice in respect of the trial (Section 21B(1) HMA).
- To adjourn a trial beyond the following day, the court must find the adjournment necessary and record its reasons (Section 21B(1) HMA).
- Every petition under the Act must be tried as expeditiously as possible, with an endeavour to conclude the trial within 6 months from the date of service of notice of the petition on the respondent (Section 21B(2) HMA).
- Every appeal under the Act must be heard as expeditiously as possible, with an endeavour to conclude the hearing within 3 months from the date of service of notice of appeal on the respondent (Section 21B(3) HMA).
Example of Section 21B HMA
When Section 21B HMA Does Not Apply
- Day to day continuation of the trial under Section 21B(1) HMA does not apply where the court finds an adjournment beyond the following day to be necessary for reasons to be recorded, or where day to day continuation is not practicable consistently with the interests of justice in respect of the trial.
FAQs on Section 21B HMA
What is Section 21B HMA?▼
Section 21B HMA sets special timelines and hearing rules for the expeditious trial of petitions and disposal of appeals under the Hindu Marriage Act, 1955. It provides for day to day trials unless adjourned for recorded reasons, an endeavour to finish trials within 6 months of notice service, and an endeavour to finish appeals within 3 months of notice service.
From which date is the 6 month trial period in Section 21B(2) HMA counted?▼
From the date of service of notice of the petition on the respondent. Section 21B(2) HMA counts the 6 months from service of notice on the respondent, not from the date the petition was presented.
Does Section 21B(2) HMA automatically end a petition if the trial takes longer than 6 months?▼
No. Section 21B(2) HMA states that every petition must be tried as expeditiously as possible and that an endeavour must be made to conclude the trial within 6 months from service of notice on the respondent.
Can a court adjourn a trial under the HMA beyond the next day?▼
Yes. Under Section 21B(1) HMA, the court may adjourn the trial beyond the following day if the court finds the adjournment necessary and records its reasons.
What timeline does Section 21B(3) HMA set for appeals under the HMA?▼
3 months from service of notice of appeal. Under Section 21B(3) HMA, every appeal under the Act must be heard as expeditiously as possible, and an endeavour must be made to conclude the hearing within 3 months from the date of service of notice of appeal on the respondent.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·