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Can family cases be trailed by fast track courts

Date: 23 Jun 2016   Posted By: srivalli     Group: Opinion About    Category: Miscellaneous   

A married couple went for divorce in family court two years ago. The suit is still going on and now one of the party is fed up with the case. They want to move to the fast track court for speedy disposal of case. Can he go for that?
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Want to fast track a divorce case in family court? Check out responses from experts on this page.

Author: Kailash Kumar    24 Jun 2016      Member Level: Platinum     Points : 3  (Rs 3)    Voting Score: 0

Under he Family Courts Act 1984, family courts are set up in all cities having a population exceeding 10 lakh. The state Governments in consultation with the High Court establish such family courts which deal with matters like nullity of marriage, judicial separation, divorce, restitution of conjugal rights etc. The family courts decide the matter in accordance with the law by observing due procedure etc. There is no question of getting fed up etc. in such cases. It is advisable that the legal opinion of the lawyer who is presently handing the case should be obtained who will be in the position to offer any specific opinion as he/she is likely to be familiar with the particulars of the case. In my opinion of general nature (non-legal), which is subject to correction, it may not be possible to transfer the case in a fast track court as the case is not pending since very long.

Author: Mahesh    24 Jun 2016      Member Level: Gold     Points : 3  (Rs 3)    Voting Score: 0

Most of the time the lower court decides whether any specific case should be fought in the fast track mode. Most of the divorce and domestic violence cases are being fought under fast track mode if the judge approves of that. If there are some of the settlement options available then that can be done as well. The recent changes from government have pushed the cases from 2004 onward to be solved under the fast track mode.

You should consult with the lawyers from both sides if you wish to take the court result in fast track mode. In such cases however you'll be given an option to the settlement and on point where something has to be agreed from both the sides.

Author: Partha Kansabanik    24 Jun 2016      Member Level: Diamond     Points : 2  (Rs 2)    Voting Score: 0

As far as I know, family court issues can't be transferred to fast track courts. Family Courts give stress towards settlement between the couples and sometime encourage out-of-court settlement between the parties to minimise litigation costs. As far as I know, old criminal and civil cases are sent to fast track courts.

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