first of all, its NOT a case of void marriage u/s 11.
its a clear case of VOIDABLE marriage u/s 12
I came to know about her disease in few months and filed for Divorce under Marriage null and void.
divorce = sec. 13
what disease ??
After 2.5 years, now court has given her last chance for crossing me. On that day, instead of crossing me or trial, She said she wants her jewels / articles back before starting trial and filed for return of articles with false list of items.
her Stree-Dhan can not be obtained thruogh this civil case.
Given my situation, below are my queries:
Is it legal for her to travel outside India when the case is pending in court ? Is it possible to stop her from travelling through court before completing the case?
yes. its not a criminal case where court imposes such condition of not leaving the country.
What will happen if she simply goes onsite and keeps asking for time through her lawyer (without she appearing in court) stating that company sent her onsite and asks to postpone the trial till she returns (can be 6 months to 2-3 years)? Will this time be granted by court or case will become ex-party?
in fact, she can be always present in court through her counsel.
If it becomes ex-party, will she be able file again for setting it aside and to continue after sometime (considering the case already had become ex-party once)?
yes and on wife's request the cases are 100 % REOPENED.
Regarding return of articles, is it necessary to return her articles before trail is even started ?
NO - let her prove
Regarding return of articles, will I be able to ask for marriage expenses ? If not full expenses at least for expenses related her like Marriage sari given by me to her, etc.
marriage expenses can not be claimed.
What will happen to the excess articles claimed by her? Will this go on for another trail and keep dragging further ?
Regarding her request to file new case under divorce for mutual consent, should I agree to this ? Knowing her & her family never keep up their words, this could be a trick to gain time for her to go and come back from onsite, since it will be a new case and court might give initial 6 months for mutual consent and even after that they might keep asking for some time (like they dragged the current case for 2 years without doing anything). Finally she might come back after few years and say she does not want to give divorce.
ur fear has merits.
file application u/s 21B
find a Good lawyer.