quesRestitution petition rejected. it was rejected. Now can i file divorce

I filed an application under section 9 of hindu marriage act but the same was rejected by the court. My wife did not appear in any of the hearings and neither she wishes to stay with me. In oppose of the section 9 application she file a domestic violence case against me. After the rejection of the section 9 application can I file for divorce? What effect to rejection of application will have on the domestic violence case which is pending against me? What legal remedy do I have? We have been staying separately for 2 years.

  • ansYou can still file for divorce. There is no bar.

    However as regards your other query as to the impact of the order on the Domestic Violence case, I'll have to go through  the order to advice you properly.

  • ansYou can file petition for divorce. Impact of rejection of restitution petition shall be based on the pleading made by you.

    Advocate Uday Jadhav

      Bibvewadi, Pune

  • ansYou can still file for divorce. There is no bar. However as regards your other query as to the impact of the order on the DV case, I'll have to go through the order to advice you properly.

    Advocate Sooraj Hulke

      Kharghar, NaviMumbai

  • ansyes. You have a chance to filed the divorce petition against wife but have to go through restitution rejection order firts and then proceed for divorce petition. so far as dv case is concern unless papers are seen n stage is seen can't comment.

    Advocate Pramod kale.
    Advocate

    Advocate Pramod Kale

      District Court, Shivajinagar, Pune

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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