Dismissal of Sec. 9

Ganesh Joshi (Querist) 05 May 2011 This query is : Resolved
Dear All,

Myself had submit a case against my wife under sec 9 in Nasik court. She is leaving saperate since 21st June'2008 in Nasik with her parants & alongwith our son. She is having well earning. but The Hon. Nasik court has dismissed my application & kept the matter as is. Now I am in confussion about next step. I am ready to call back my wife honestly but her parants insist her for not to go husband house. her father is retired from a Bank & they have only two daughters.

I will be thankfull if you suggest me better solution

Ganesh Joshi
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PALNITKAR V.V. (Expert) 05 May 2011
why your case was dismissed? perhaps you could not prove your bonafides. The wife may have justification to live separate. You can not compel her to live with you. Even if decree is passed in your favour, it is difficult to compel her to resume cohabitation. You must try to convince her that you will keep her happy. only then she may come to you

Parveen Kr. Aggarwal (Expert) 05 May 2011
In a section 9 petition, the onus is on the respondent to prove sufficient cause/justification for withdrawal from the society of the petitioner. In case the respondent in your case (your wife) had no sound reason/justification for not joining your company, you may file an appeal against the decision.

M.Sheik Mohammed Ali (Expert) 05 May 2011
You can file RCR.

Ganesh Joshi (Querist) 05 May 2011
Dear Sir's

She has no any valid reason for not to leave with me & also she is unable to produce a single evidence of any problem. Not only by me but all my family member & height is my 90 years old grand mother tried thousand time to convience her but she is not ready to shift herself to Aurangabad (My residence).

PALNITKAR V.V. (Expert) 05 May 2011
if you are sure that there is no evidence for deserting you, then you must file appeal

Kiran Kumar (Expert) 05 May 2011
you have a right to appeal, the trial court might have erred in giving its judgment.

prove your case in appeal now.

Guest (Expert) 06 May 2011
You can file an appeal case, as advised by Mr. Kiran Kumar.

abhay dholakiya (Expert) 06 May 2011
agree with all expert u can file an appeal case

Ganesh Joshi (Querist) 12 May 2011
Can you suggest me, What about Divorce ??

Can I apply for

please suggest

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