Which court to apply for early hearing

Question

Which court to apply for early hearing

07-Sep-2026 (In Divorce Law)

Petitioner is taking Adjournments and not providing any evidence.case was filled on 2024 . If i apply for early hearing which court should I approach is it high court or same family court in which case is pending. What is possibility that court will grant early hearing to such case and how long it will take to decide for early hearing application?

Answers (5)

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Advocate Atanu Patra LawRato · Accepted Answer · 2026-09-07T07:07:42+05:30

Answer #2

If the petitioner is repeatedly taking adjournments and has failed to lead evidence despite sufficient opportunities, you may consider moving an application for expeditious/early hearing and time-bound disposal before the same Family Court where the case is pending. The court may be requested to close the petitioner’s evidence if no sufficient cause is shown for further adjournments. If the Family Court does not pass an appropriate order or the matter is being unduly delayed, an appropriate petition/application may be considered before the concerned High Court, depending on the facts and procedural history. The possibility of getting an early hearing depends on the number of opportunities already granted, the reasons for adjournments, and the overall conduct of the proceedings. The time taken to decide an early-hearing application varies from court to court and cannot be guaranteed.

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Advocate Moumita Sarkar Das LawRato · Accepted Answer · 2026-09-07T20:51:14+05:30

Answer #3

yes, if a matrimonial case has been pending since 2024, and the petitioner repeatedly seeks adjournment without producing evidence,you have a reasonably strong basis to seek expeditious disposal or early hearing. firstly approach the same family court where the case is pending. If the family court continues granting repeated adjournment despite your objection, you can then consider approaching the jurisdictional High court considered Article 227 petitions seeking expeditious disposal of matrimonial proceedings and direct family court to complete them within a specific period.

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Advocate Sankha Subhra Dutta LawRato · Accepted Answer · 2026-09-07T22:37:59+05:30

Answer #4

File one expeditious Disposal In your concerned High Court or else you may close the evidence of the other side and proceed ex parte. the process may take several month in each of the forums. Please schedule an appointment with an advocate before proceeding because your case file might give a clue regarding appropriate relief.

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Advocate Lucky Mukherjee LawRato · Accepted Answer · 2026-09-08T00:56:19+05:30

Answer #5

you can approach the High court under article 227 of the constitution or under 483 of crpc in magistrate trial criminal case before the High court calcutta for expeditious hearing of the case pending before the lower court

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