Special provision relating to trial and disposal of petitions under the Act
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Summary
Petition trials under the Act should, as far as practicable, continue day-to-day until completion; adjournments beyond the next day are allowed only if necessary and the court records the reasons. Courts must try to dispose of petitions quickly, aiming to finish trials within six months from the date notice is served on the respondent. Appeals should be heard promptly and aimed to finish within three months of service.
Example
Priya files a petition and the court begins the trial. The judge keeps hearings day-to-day so witness testimony finishes quickly, aiming to conclude the trial within six months from when the respondent was served. If the court needs to adjourn beyond the next day, it records the reasons. If an appeal follows, the court will try to decide it within three months of notice.
Bare Act
Enacted 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.
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