Answer:
Documents required for divorce filing in India varies in each case. There are two types of divorce cases in India, namely contested divorce and divorce by mutual consent. In divorce by mutual consent, husband and wife file the divorce petitions jointly by placing their terms in agreement before the court. Section 13B of Hindu Marriage Act pertains to divorce by mutual consent of both spouses wanting to dissolve their marriage. In contested divorce, one spouse individually files the divorce petition against the other spouse on grounds like cruelty, desertion, adultery, conversion, mental disorder or any other ground mentioned under section 13 of Hindu Marriage Act.
Following are some of the common documents that may be required for filing divorce in India:
Marriage certificate (if available).
Photographs from the wedding or any other evidence that can prove your marriage.
Address proof of husband/wife.
Identity proof of husband/wife like Aadhaar card /passport /voter ID /PAN card.
Recent passport size photographs of both parties.
Date and place of marriage.
Date of separation and place where both spouses started living separately.
Proof of separate residence (if available).
Income proof of both parties like salary slips / bank statements /ITR/Business/business partners/employment details.
Children’s birth certificates, school records, medical records, and any other evidence related to child custody (if any children).
Mutual settlement agreement or Memorandum of Understanding, if both parties settled and have agreed to divorce.
Terms of agreement such as permanent alimony, maintenance amount, child custody, visitation rights, children’s education expenses, who keeps which property, who will return wearables and jewelry, if any. (Applicable in case of mutual divorce).
Copies of any pending cases filed between the parties like domestic violence case, 498A complaint, maintenance case (civil), custody case, criminal complaint case or civil dispute case.
Evidence to prove your allegations in contested divorce case against your spouse like chats, emails, call records, photos, medical records, police complaint, witnesses, expenses incurred, bank statements, income tax records or any other proof that can support your case.
Copy of legal notice, reply, mediation details, counselling records, or communications regarding settlements, if any.
For divorce by mutual consent, important documents include proof of marriage, identity proofs, address proofs, photographs, details about marriage and separation, and clear terms of settlement. However in contested divorce cases, evidence holds more importance since you need to prove your allegations before the court.
Make sure you do not place vague information in your divorce petition. Missing details like dates, records, onecds contradicting statements, and ambiguous settlement terms can make your matter take longer. It can also create problems in future if the terms are not clear.
How Advocate BK Singh can assist you
Based on your divorce case, Advocate BK Singh can guide you on the correct set of documents you will need to file for divorce. He can go over your marriage details, separation facts, details of any pending disputes, financial documents, child custody and upbringing concerns, and settlement terms before drafting your divorce petition.
If you are planning to file for divorce by mutual consent, Advocate BK Singh can guide you on drafting a proper settlement covering all aspects like alimony, maintenance, child custody, visitation rights, child’s education expenses, who will keep or return wearables and jewelry, withdrawal of any pending cases, and compromise clauses so that there are no future claims made by your spouse.
If you are planning to file for contested divorce, Advocate BK Singh can help you sort out your evidence, create a timeline of events and help you identify the right ground of divorce. He can draft your divorce petition or written statement outlining all your facts and can guide you about maintenance, domestic violence, section 498A, child custody, and mediation issues.
Create the right divorce file with your advocate’s help starting from deciding on the right documents, reviewing them, to drafting the petition, preparing for filing and appearance in family court, and strategizing your case until the final order is passed.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
