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Advice on Marriage Dissolution: Annulment vs. Mutual Divorce
08-Apr-2025 (In Divorce Law)
I live in Australia & married a woman 6 months ago in India. We both were previously divorced. I later discovered she had two marriages and divorces in 2015 & 2020, and a ring ceremony in 2018. She only disclosed her 2015 divorce & concealed her later marital history. 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 and quickest way to dissolve the marriage?
you must move the application for the annulment of marriage on the ground of fraud, for the concealment of previous marriage. this is the best way to get dissolution of Marriage. the process is very simple.
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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The quickest way will be first of all get a settlement deed drafted so that you should not face any problem in future. It will be in writing and signed by both the parties and will include terms and conditions. And then on the basis of that deed you can always approach the family court and apply for mutual divorce.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Go for annulment. Not just would annulment save you time but also would save you from being financially exploited in the process. You seem to have adequate grounds of concealment wrt marriage and also concealment wrt psychological disorder
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Hi. In your case mutual divorce will be easier and time saving if the other party is not seeking any maintenance or alimony from you. In case they are putting a condition for mutual divorce then you can go for annulment which will be a little time consuming.
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Adv. Bhawani Gupta
Delhi | 50+ Answers
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Based on your facts, annulment under Section 12 of the Hindu Marriage Act may be considered since material facts regarding her past marriages and mental health were concealed. However, annulment can be contested and time-consuming if not amicable. If both parties are willing, mutual consent divorce under Section 13B is the fastest route—typically taking 6-18 months depending on jurisdiction.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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