Documents Required To File A Divorce In India

What Are The Documents That Are Required To File A Divorce In India?

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If you seek a divorce, here are the documents that you will have to arrange for in different scenarios of your divorce. Go through to know what all data and documents you will need to file a divorce case in the court of law.

Documents Needed For A Mutual Divorce

  • Address proof of being husband and wife
  • Specifications of their profession and remuneration via Salary slips
  • Income tax returns of the last three years
  • Data about their family
  • Specifications of assets owned by them
  • Marriage Certificate and four wedding photos
  • Evidence to show spouses lived separately for over a year
  • Evidence to show their aborted trials at reconciliation

Documents Required When Filing For Alimony

Documents required for the right to alimony are an essential part of granting divorces in India. The claim for the same may be based on the professional eligibilities, assets owned, net worth, and financial dependence of each of the spouses. Laws associated with alimony vary in different Acts. For example, as per the Hindu Marriage Act, both mates can demand permanent alimony, whereas only the wife can do so when it comes to the Special Marriage Act. Even while necessitating a mutual consent divorce, the mates must come to a mutual divorce agreement that trades with the division of alimony. Below-mentioned is the documents required to file for maintenance.

  • Age of beneficiary
  • Marriage Span
  • Spouse’s well-being
  • Governing law
  • Child custody
  • Financial situation

Documents Needed To File For Divorce Due To Cruelty

In the past, torture was a ground only to seek judicial separation, but thanks to the Marriage Law (Amendment) Act 1976, it can now be used to file for a divorce. Spouses can use this ground if subjected to any form of physical, sexual, or mental anguish.

  • Address proof of husband and wife
  • Four photographs of marriage
  • Marriage Certificate
  • Proof to prove cruel behavior
  • Appropriate medical reports are showcasing physical harm caused.
  • Witness Statements

Documents Needed To File For Divorce Due To Adultery

Considered a crime, adultery can be accepted as grounds for divorce when a mate indulges in a sexual relationship outside the marriage. However, they must have substantial proof to establish it, and premarital sexual relations and pregnancy are not adultery.

  • Address record of husband and wife
  • Marriage certificate and four wedding photos
  • Evidence manifesting either a single act or long-term adultery
  • Witness Statements
  • DNA proof

Documents Needed To File For Divorce Due To Desertion

While it was only a ground for separation in the past, under Section 13 of the Marriage Laws (Amendment) Act 1976, it is finally a reason for divorce. Furthermore, the willful abandonment by a spouse for two years leads to a claim for divorce.

  • Address proof of husband and wife
  • Marriage certificate and four wedding photos
  • Additionally, Proof for unconsented abandonment
  • Evidence to prove a spouse’s withdrawal from marital obligations
  • Similarly, evidence proving desertion is either constructive or original

Documents Needed To File For Divorce Due To Unsoundness Of Mind

The Marriage Laws (Amendment) Act 1976 helped organize the span of mental disorder elaborately, for three years early on. However, the spouse filing for divorce must provide the court with compelling and unmistakable evidence.

  • Address proof of being husband and wife
  • Marriage document and four wedding photos
  • Medical certification
  • Evidence showing marriage is over two years old
  • Additionally, evidence stating the applicant did not know about the disorder at the time of marriage
  • Proof showing intermittent mental disorder

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