My Cousin had been victim of three cases i.e. Domestic Violence, Maintainence and 498a even though he had bunch of proofs of his wife going through an extra martial affairs. On receiving notices and getting a sour taste, he filed a case of Divorce under the grounds of cruelty.
All the cases are still running with no conclusion being arrived due to our slow court processes in Uttar Pradesh. However, the Divorce case was granted Decree under Ex-parte which was filed in Gurgaon as the second party did not appear due to humiliation / unknown reasons. Later, the Girl has challenged the Decree which is still pending for argument.
Now recently, both the parties have agreed for a mutual divorce after paying the alimony and all other belongings. My question here would be:
1. Do they need to file a fresh application under Section 13B or their present application of Divorce would work?
2. In case it not required, how would all the cases from the Girl's side end up and what precautions should be taken to ensure that the Girl does not demand anything later?
3. How should the boy safeguard his interest and how would he close all the cases including Domestic Violence, Maintainence and especially 498a which has a FIR attached to it?
4. How would he convert an Ex-Parte Decree to a Mutual one?
5. How should the alimony and other belongings be returned?
