Should I pursue annulment or mutual divorce for concealed information?
I live in Australia and married a woman in India six months ago. Both of us were previously divorced. I stayed with her for 20 days and then came to Australia to start her visa process. Later, I discovered that she had been married and divorced twice—once in 2015 and again in 2020—and had a ring ceremony in 2018. She only disclosed her 2015 divorce and concealed her later marital history. Additionally, she did not disclose this information to the marriage registrar when we registered our marriage certificate. She also has a mental condition—delusional disorder. Upon confronting her parents about this, they are now ready to dissolve the marriage. Should I pursue annulment or mutual divorce? What is the easiest and quickest way to dissolve the marriage?
With the misrepresentation of her marital background and her mental illness you could have grounds for annulment, which holds the marriage as voidable from the beginning. Annulment, however, can be very demanding in terms of proof and may be time‑consuming. Alternatively, if both families consent to end the marriage, a mutual consent divorce could be sought. Notice that even mutual consent divorce under Indian law usually needs to wait for six months before it can be granted. The best option will depend on how quickly you wish to finalize the issue and if you can prove charges of fraud. In both instances, it would be highly recommended to consult a matrimonial lawyer who can review your case in depth.
You can pursue a mutual divorce if both parties agree. This is the quickest way to dissolve the marriage. If there is fraud or undisclosed information (like her past marriages), you can also consider annulment. It is advised to consult an expert lawyer to determine the best option, considering her mental health condition and the legal requirements in India and Australia. For further legal assistance contact us on our helpline number.
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