Respected lawyers,
I got married to a person last year who was naturalized citizen of Australia of Indian origin. We met online in 2020 before the start of the pandemic and discussed getting married. However due to lockdown restrictions, she could not travel to India. Our families knew about this and we exchanged chats and calls everyday. When I asked about her age, she said she was 6 months older than I was
However, 14 days before our marriage, she told me that she was actually 5 years older than me. I was 35 at this time, and she was 40. So she had been lying to me about her age for almost 2 years.
Even though I was emotionally shattered, I decided to go ahead with the marriage. My chances of starting a family with her were also very slim.
The marriage was registered under Punjab compulsory marriage act, 2012 Form-5. She was an Australian citizen at this time, and not an Indian citizen. She did not hold an OCI card either.
However, 1 year later, she wants a divorce as she feels I am not giving her enough attention. At the same time, her family are asking for a hefty sum for a giving me a mutual divorce. They are also threatening us, and using caste-based abuses against me and family, even though we are not from the SC/ST community, nor is the girl's family.
My questions to esteemed lawyers is that can I ask for an annulment of marriage on the following grounds:
1. She lied to me about her age for almost two years. Even though I agreed to marriage after she told me her true age, it was only 2 weeks before marriage, and I was not in an emotional capacity to act rationally.
2. The marriage was not registered under a Special Marriage Act as is needed for marriages between Indian and foreign nationals. She did not have an OCI card at the time of marriage.
3. If annulment is possible, how long does it usually take in India. I know that divorces can take very long.
Any help is appreciated.
