Legal Guide

What are the Required Divorce Papers in India?

by Bhavya Choudhary · 4 min read

divorce papers in India

Introduction 

  • A family lawyer or a divorce lawyer may handle divorce matters which are the dissolution of marriage or legal termination of the relationship between the two parties. 
  • The divorce papers in India and their process can be very lengthy and challenging as many documents and evidence are required to enter a divorce agreement.
  • There are immense emotional and mental ups and downs attached to such cases where they have to patiently wait for the divorce decree. 
  • Divorce papers in India can be drafted with the help of a professional who can provide the utmost assistance throughout the procedure.
  • The Indian divorce decree can be very lengthy, legally and procedurally. The period of prosecution can take up to 6 months or years after the submission of divorce papers in India. The duration depends on the case’s complexity and severity.
  • There are different religions and various communities in India that have their respective marriage and divorce laws that come into action during these cases. Hindus, Sikhs, Jain, and Buddhists can use the regulation of the Hindu Marriage Act of 1955.
  • The people of Muslim communities seek divorce under the Muslim Marriage Act of 1939. There is a Special Marriage Act of 1956 where people from different cultures and communities can seek legal jurisdiction and file for divorce accordingly. 

Documents for cases where Mutual Consent is concerned

The numerous paperwork and piles of documents needed for making divorce papers in India can be very complex for a layman so it is highly advised to hire a divorce lawyer for the handling of divorce papers in India. They formally draft and file divorce on behalf of their clients to assist them throughout the process. 

The documents required to draft divorce papers in India are as follows: 

  • Husband’s Address proof
  • Wife’s Address proof
  • Every detail of the profession and remuneration of the petitioner.
  • Last 2-3 years Income Tax statement and related filings.
  • Petitioner’s family background information and details. 
  • Asset information of the petitioner 
  • Marriage certificate 
  • Proof that the spouses have been living separately for a year.
  • Evidence that can prove the failed attempts of reconciliation. 

There may be other different documents required to draft divorce papers in India, which are deciphered according to the needs and grounds contested by the parties. 

What is Alimony?

  • It is the financial support that a spouse must provide to the other spouse in case of divorce or separation. This is a legal obligation and is governed by various laws in India. 
  • It is made periodically over a specified time duration in which they provide monetary support as directed by the court orders.
  • It is not paid by default, and the concerned judge assesses certain information and the nature of the case involved. 
  • The spouse may seek legal consultancy services to claim alimony efficiently without any hassle. The lawyer will make sure to involve every needed criterion in divorce papers in India.
  • It is an important right as per the marriage and divorce acts. The spouse has independent rights to claim and receive alimony.

The documents required for receiving alimony along with divorce papers in India are: 

  • Recipient’s age
  • Marriage duration
  • Spouse health
  • The governing marriage law
  • Child custody
  • Both spouses’ financial positions.

There may be other documentation needed depending on the needs and the grounds of the petitioner, along with divorce papers in India that will ensure the validity of the divorce. These documents prove that the case in question is genuine.

On the Grounds of Cruelty

  • This was not a ground for divorce earlier but was only used for judicial separation. After the amended Marriage Law Act 1976, cruelty is also a ground for divorce. 
  • The affected spouse can seek divorce if they are subject to any kind of mental or physical harm or injury that is a life risk or causes immense damage.

A series of occurrences are judged and deciphered to implement the divorce. The documents required for filing divorce papers in India are:

  • Husband’s Address proof
  • Wife’s Address proof
  • Four passport-sized pictures of both husband, wife, and marriage
  • Marriage certificate
  • Evidence that proves any kind of cruel behavior or incident.
  • Relevant medical documents prove the cruel behavior and physical harm.
  • Statements of witnesses 

On the Grounds of Adultery

According to the law, it is considered to be a criminal offense. This happens when one spouse willingly engages in sexual activities outside their marriage.

The Amendment made in the Act of 1976 states that even one such Act is enough to file for divorce and seek damages reversals. The only condition is that substantial and effective proof is needed to establish the grounds for divorce.

The documents required for drafting divorce papers in India are:

  • Address proof of both husband and wife
  • Marriage certificate
  • Adultery evidence and proof of any kind.
  • Long-term adulterous relationship evidence
  • Witness statement who can prove such adultery
  • DNA evidence proving the adulterous relationship
  • Four passport-sized photographs of husband and wife.

There are several other grounds on which divorce papers in India can be filed to form a strong case if there is enough evidence provided. These are taken into account by the legal consultancy services when they thoroughly revise and go through each part to file divorce papers in India.

Conclusion

The base for every ground for filing divorce papers in India is subjected to various assessments and shreds of evidence. These are evaluated, before reaching any decision regarding the divorce papers in India. Consulting a divorce expert is suitable in such cases.

Taking help from an expert will make things efficient and prompt. The affected person will be provided the required alimony and support with the proper filing of divorce papers in India.

Bhavya Choudhary

Written by

Bhavya Choudhary

Get Expert Legal Advice For

Divorce Matters

Enter a valid phone number

Related Articles

View MoreView More

Hi there 👋!

How can I help you?

whatsapp