Review or rectification of order of judge

kajal (Querist) 29 May 2015 This query is : Resolved
sir/madam,

i am wife and i filed case for restitution as per sec 9 of Hindu act and my husband file in reply sec 13 for divorce .

our both application are dismissed .
as i m not have any advocate i am fitting my case by my own the reason given for dissmissed my application is like

"find that the respondent has dropped
the petitioner-wife at her father's place on 2.4.2011. Since then
there is no move to bring her back. As the petitioner-wife has
conducted this matter in-person in spite of several suggestions
from the Court to engage a lawyer, she has done a great job
though she recorded lengthy pleadings and cross-examination.
However, she has not been able to bring on record the relevant
evidence pertaining to her case of restitution of conjugal rights,
as contemplated under Section 9 of the Hindu Marriage Act,
1955. She has given all possible dates and events. However,
she has failed to state the date of her final separation from the
respondent-husband. Therefore, I cannot gather as to what
exactly transpired on 2.4.2011. Even the said date is available
from her father's evidence. As already expressed by me earlier,
her father's evidence is an improvement of her case. When the
petitioner herself, a highly educated lady has failed to describe
the events of her separation from the husband and has not
53 A-1655/2012/J.
even specified the date of separation, it is hardly possible to
arrive at a conclusion as to whether she left the matrimonial
home on her own or whether she was left at her father's house
by the respondent, is an ambiguous aspect.
95. From the husband's lengthy evidence which runs in
39 pages, it can be seen that on 2.4.2011 when he was
watching India Vs. Pakistan World Cup Match with his friends
and India had won, he and his friends went out to celebrate the
victory when the petitioner had phoned him to come home early
and he told her that he would return after one hour. To this, she
is said to have got hysterical and went on phoning him, a record
of 50 times in that short span and this embarrassed him. Even
he does not categorically say anything about what exactly
transpired on 2.4.2011, the day on which they had separated. I,
therefore, find that the petitioner-wife has not been able to
convince this Court as to what incident transpired and since
when exactly she is residing away from the husband, so also as
to whether there is any animus deserendi, the intention to put
an end to the marital ties from the husband or whether it is of
her own volition, has not been established by her either. She
has not said as to what effort she made to go back to her
matrimonial home after 2.4.2011 till she filed the petition for
restitution of conjugal rights, on 18.7.2012.
96. Section 9 of the Hindu Marriage Act, 1955 reads as
Section 9 :- Restitution of conjugal rights
“When either the husband or the wife has, without
reasonable excuse, withdrawn from the society of
the other, the aggrieved party may apply, by
petition to the district Court, for restitution of
conjugal rights and the Court, on being satisfied of
the truth of the statements made in such petition
and that there is no legal ground why the
application should not be granted, may decree
restitution of conjugal rights accordingly.”
The petitioner's(wife) father has categorically
deposed that she and her mother had gone to bring back her
belongings from the matrimonial home and that the son-in-law
had earlier brought only two pairs of her clothes. This shows
that the wife has disclosed her intention not to continue in the
matrimonial home and not the husband. This coupled with the
fact that the petitioner's father has categorically deposed
that he did not make any effort to bring about compromise
between the parties, I find that the petitioner-wife has also
failed to prove that the respondent has withdrawn from her
society without reasonable excuse and hence I answer Issue
No.1 in the Negative."

as definitely in my filling date not mentioned but in argument written i have given full info still dismissed.

so my ?? is what further steps i have to take to rectify mistake or option is to go at high court only i am attaching here my order copy also and my wriiten argument copy .

pls go through it and suggest me best way to win case in same court .

pls ....

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