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PI live in Australia(PR) & married a woman 6 months ago in India through shaadi.com. We both were previously divorced. I stayed with her for 20 days before returning to Australia to start her visa process. I later discovered she had another marriage & divorce in 2020, & a ring ceremony in 2018. She only disclosed her 2015 divorce & concealed her later marital history. During our marriage certificate registration, she mentioned it was her second marriage & provided/signed documents for her first marriage in 2015, including her parents and witnesses. She also has a mental condition (delusional disorder). Upon confronting her parents, they are ready to dissolve the marriage. Should I pursue annulment or mutual divorce? What is the easiest & quickest way to dissolve the marriage? Also, should I take any legal security measures if I go to India for any proceedings?
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GSo Sad for the experience you had with her.
So far annulment vs mutual divorce is concerned,
Your problem comes under voidable marriage category.
1)Annulment means that, marriage itself becomes cancelled, like there will be no existence of marriage at all and your marriage is in nullity.You can go to court, showing that your spouse has mental illness at the time of marriage and they concealed it to you.
All mental illness won’t make marriage voidable, but it should be of a higher degree that she can’t participate in marriage life.2)Whereas, mutual divorce means, the marriage is done and later gets cancelled by the consent of both the parties.
Make sure you settle any money related issues before divorce to avoid later problems.
Any FIR registered, you should apply for anticipatory bail before you come to India.
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FLawyer.
Were you married here or in Australia? If it is over there, then you’ll have to get it annulled according to Australian laws.
She did not disclose her second marriage. So the marriage is voidable on grounds of fraud.
Mutual divorce is an option if the other party also wants a divorce. It is not enough that her parents are ready. Has she given any indication that she is also ready for mutual divorce?
Wrt her mental condition – is this clinically diagnosed? If yes, was it concealed from you?
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P1. For annulment, it requires strict proof of your claim. You need to get hold of her medical records that says she had mental health condition at the time of marriage, which is still continuing and it was not disclosed to you before & at the time of marriage. Once you’ve got the knowledge of the fraud being played by them, you have to file for annulment within a year. The details of the annulment can be read here [https://divorcebylaw.com/annulment-or-nullity-of-marriage/](https://divorcebylaw.com/annulment-or-nullity-of-marriage/)
2. Divorce – you can file a Mutual Consent divorce if she’s agreeing to go for it. You have to wait for completion of 1 year from the date of marriage. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
3. Divorce – through Contested Divorce proceedings. It takes longer time that mutual. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
If you are confident that you can prove the fraud was played on you by your wife/ in-laws, you can go for annulment of the marriage by filing a suit in the family court.
For further clarification consult us [https://g.co/kgs/E2hEa9f](https://g.co/kgs/E2hEa9f)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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