We are married in February, 2009 by SPecial Marriage Act. But in July 2010 my wife filed a case for NULLITY of marriage on pressure of her parents after they came to know about our secret marriage. In that appeal to court, My wife demanded that we never lived together and we didnt have any conjogal relation and some other false allegation to prove that I was a fraud.
But for last few months while the hearing was going on and my advocate was crossing my wife, the Judge went in favour of me and realised the fact that all the allegation they gave was false and not sufficient for Nullity as I had lots of proof of our cohabitation and conjugal life. When their advocate understood that the case was going against them, my wife's advocate proposed for a out of court mutual. The judge also suggested for mutual consent divorce. I always wanted that Mutual Divorce because I was against the NULLITY with all those false allegation.
last week the advocate of my wife has told my advocate that they are NOW ready for mutual Divorce. They will admit the marriage and go for divorce but they want to write that we never lived together.
My question is:
1) To file a new mutual consent Divorce shouldnt they first withdraw the current case for NULLITY?
2) I am in abroad. Can my brother, to whom I have already given Poer of Attorney, file that mutual divorce joint petition for me?
3) If I write in mutual consent that we never lived together isn't that a enough proof for getting NULLITY of marriage? Can they file any other case after this, demanding NULLITY of marriage?
4) I was thinking not to write anything about co-habitation. Is it okay? or I am boud to write something about our cohabitation in the petition for the Mutual Divorce?
5) Can anyone of us demand for compensation for this divorce? (Though the divorce is mostly wanted by them )
6) If finally the mutual Divorce doesnt happen and they continue with the current case ...Can I file any other case against her as she has written false statements against me in the earlier case ? Will she be punished if I can prove that she gave false statements in the court? Like she told the court that she is still VIRGIN. But I have enough proof that she is not a VIRGIN. Also she will be unable to prove her a virgin by any medical examination. Can I demand her to prove that she is a VIRGIN?
