Court refuses my petition under sec 9
Ganesh Joshi
(Querist) 12 May 2011
This query is : Resolved
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. 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).
What about Divorce ??
Can I apply for
please suggest
Ganesh
Devajyoti Barman
(Expert) 12 May 2011
Once you have applied for RCR , you are deemed to condoned her acts of cruelty.
Now the divorce case could be filed only if you could show existence of new cause of action of any time after the date of dismissing your suit for Restitution of conjugal rights.
prashant pundhir
(Expert) 14 May 2011
Send the reasons or grounds on which your suit of sec.9 was refused by the court .Is there any technical mistake or any other reason . Only after that the proper advice can be given .
