The Essential Guide to Divorce Papers in India: Expert Tips and Advice

by  Adv. Priyanka Sampathy  

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divorce papers in India

Introduction 

  • A family lawyer or a divorce lawyer may handle divorce matters, such as 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 wait for the divorce decree patiently. 
  • Divorce papers in India can be drafted by a professional who will 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 divorce papers are submitted 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, Jains, 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. 

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Documents required for cases where Mutual Consent is concerned

The numerous paperwork and piles of documents needed to make divorce papers in India can be very complex for a layman, so it is highly advised that a divorce lawyer be hired to handle 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. 

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

Mutual Consent Divorce Form

1) City in which you got married: ___________
2) City where Husband belongs to: ___________
3) City where Wife belongs to: ___________
4) Date Of Marriage: ___________
5) Place of Marriage: ___________
6) Name of Banquet Hall: ___________
7) Name of Husband: ___________
8) Name of Wife: ___________
9) Religion of Husband: ___________
10) Religion of Wife: ___________
11) Father’s name of the Husband: ___________
12) Father’s name of the Wife: ___________
13) Date of Birth of Husband: ___________
14) Date of Birth of Wife: ___________
15) Contact number of Husband: ___________
16) Contact number of Wife: ___________
17) Email address of Husband: ___________
18) Email address of Wife: ___________
19) Residence address before marriage of Husband: ___________
20) Residence address before marriage of Wife: ___________
21) Post-marriage address (where parties resided together after marriage): ___________
22) Present address of Husband: ___________
23) Present address of Wife: ___________
24) Do you have children? (Yes/No): ___________
If yes, then provide name and DOB of the children along with the settlement terms (like with whom the children will reside post divorce and what rights the other party will have over the children): ___________
25) Need settlement regarding Maintenance/Alimony (Yes/No/Maybe): ___________
If yes, then please provide the settlement terms (like if any monthly payment will be given by one party to the other or any one time payment will be given by one party to the other): ___________
26) Need settlement regarding joint assets (Yes/No/Maybe): ___________
If yes, then please provide the settlement terms. Make sure to mention details of all the joint assets (property, LIC, bank accounts, etc.): ___________
27) Any Pending Litigations (pending cases or complaints) between the parties?: ___________

People Also Read: How to Get Divorce in India?

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 and without hassle. The lawyer will ensure that every needed criterion is included in the 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.

Documents required when filing for Alimony 

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

Other documentation may be needed depending on the needs and 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.

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Documents Required to File for Divorce On the Grounds of Cruelty

  • Earlier, cruelty was not a ground for divorce 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 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 cruel behaviour or incident.
  • Relevant medical documents prove the cruel behaviour and physical harm.
  • Statements of witnesses 

Documents Required to File for Divorce On the Grounds of Adultery

According to the law, it is considered to be a criminal offence. 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.

If enough evidence is provided, several other grounds can be used to file divorce papers in India to form a strong case. Legal consultancy services take these into account when they thoroughly revise and go through each part of the process.

People Also Read: How To file For Divorce in India?

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Documents Required to File for Divorce On the Grounds of Desertion

Previously, desertion was only considered a basis for separation. However, with the introduction of Section 13 of the Marriage Laws (Amendment) Act 1976, it has become a valid ground for divorce. If a spouse voluntarily abandons the other for a period of two years, it can lead to a divorce claim.

The required documents include:

  • Residence proof of both the husband and wife
  • The marriage certificate, along with four photographs from the wedding
  • Evidence of desertion without consent
  • Proof demonstrating a spouse’s withdrawal from marital duties
  • Evidence that establishes whether the desertion was constructive or actual

Documents Required to File for Divorce On the Grounds of Unsoundness of Mind

The Marriage Laws (Amendment) Act of 1976 has provided a more detailed classification of the duration of mental illness, which was initially set at three years. Nevertheless, the spouse seeking divorce must provide convincing and clear evidence to the court.

The required documents include:

  • Proof of residence for both spouses
  • The marriage certificate is accompanied by four photographs from the wedding
  • Medical certification of the mental disorder
  • Evidence that the marriage has lasted for more than two years
  • Proof indicating that the petitioner was unaware of the mental disorder at the time of marriage
  • Evidence of recurring episodes of the mental disorder

People Also Read: How to Get Divorce Easily in India?

Additional Grounds for Divorce

Incurable and Severe Leprosy

  • Proof of residence for both spouses
  • Marriage certificate accompanied by four wedding photographs
  • Medical certification confirming the presence of leprosy
  • Evidence that the petitioner was unaware of the leprosy at the time of marriage
  • Statements from doctors
  • Medical evidence that the disease is incurable

Religious Conversion

  • When a spouse changes their religion and is no longer a Hindu, it becomes a ground for divorce. This, however, necessitates the abandonment of Hinduism and evidence of a formal conversion ceremony.
  • Proof of residence for both spouses
  • The marriage certificate along with four photographs from the wedding
  • Evidence of a formal conversion ceremony
  • Certificate of conversion
  • Proof demonstrating the absence of undue influence

Venereal and Communicable Diseases

  • Proof of residence for both spouses
  • Marriage certificate accompanied by four wedding photographs
  • Medical certification
  • Medical evidence showing that the petitioner was not afflicted with the disease at the time of marriage.

Adoption of a New Religious Order

  • If a spouse decides to renounce worldly life and embrace celibacy or a religious order recognized by Hinduism, it can be a ground for divorce.
  • Proof of residence for both spouses
  • Marriage certificate along with four photographs from the wedding
  • Evidence demonstrating the spouse’s renunciation of worldly affairs
  • Proof of ceremonial performance
  • Evidence indicating that the spouse is not leading a marital life

Failure to Comply with Judicial Separation or Restitution of Conjugal Rights

  • If either spouse has not resumed cohabitation even after a year of a decree of judicial separation, they can file for divorce. Similarly, divorce can be filed if there has been no resumption of conjugal rights for over a year.
  • Proof of residence for both spouses
  • Marriage certificate along with four photographs from the wedding
  • Evidence demonstrating that there has been no resumption of cohabitation
  • Documents showing the decree of judicial separation passed by the High Court
  • Proof of failure to resume conjugal rights

Presumed Death

  • This ground for divorce is applicable when a spouse has not been seen or heard from for seven years.
  • Proof of residence for both spouses
  • Marriage certificate accompanied by four wedding photographs
  • Evidence that the spouse has been missing for the last seven years
  • Information about the last date of cohabitation
  • Proof that efforts were made to locate the missing spouse

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.

Adv. Priyanka Sampathy

Adv. Priyanka Sampathy

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Priyanka Sampathy is a legal consultant who prioritises ethical and professional conduct while striving to achieve desired outcomes. With over 15 years of independent practice, she has significant expertise in handling legal cases. Her exceptional communication skills enable her to express arguments in a clear and persuasive manner, both in writing and verbally, in Hindi, English, and Telugu.

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