Table Of Content
Introduction
Filing for divorce in India requires submitting specific legal documents that vary based on the type of divorce—mutual or contested. Proper documentation ensures a smooth legal process and avoids unnecessary delays. This guide outlines the essential documents needed for filing divorce under Indian law.
Key Documents Required Divorce Papers in India
1. Marriage-Related Documents
- Marriage Certificate (official proof of marriage)
- Wedding Photographs or Invitation Card (if marriage certificate is unavailable)
2. Identity and Address Proof of Both Spouses
- Aadhaar Card, Passport, Voter ID, or Driving License
- Proof of residence (utility bills, rental agreement, or bank statements)
3. Grounds for Divorce (For Contested Divorce Cases)
- Any proof supporting the reason for divorce, such as:
- Medical reports (for cruelty or abuse cases)
- Police complaints (if applicable)
- Communication records (emails, messages)
4. Financial Documents
- Income Tax Returns (ITR) of both parties
- Salary slips or employment details
- Bank statements of the last 6 months
- Property ownership documents (if seeking division of assets)
5. Child Custody & Maintenance Agreements (If Applicable)
- Child birth certificate
- Financial support agreement for child custody
6. Alimony or Settlement Agreement (For Mutual Divorce)
- Terms of financial settlement (if any)
- Agreement on division of joint assets
7. Divorce Petition
- Jointly signed divorce petition (for mutual divorce)
- Legal notice served to the other spouse (for contested divorce)
Additional Documents for Special Cases
- Proof of Separation: If the couple has been living apart for one year or more.
- Proof of Dowry Harassment or Domestic Violence: FIR copy or court orders (if applicable).
- Mutual Consent Affidavit: Signed by both spouses in case of mutual divorce.
How to Obtain Missing Divorce Documents?
If you are missing any crucial document, you can:
- Request duplicate copies from the relevant government department.
- File an RTI application to retrieve official records.
How RTI Can Help in Divorce Cases
- Obtain certified marriage records from municipal authorities.
- Verify spouse’s financial records (bank details, tax filings).
- Check court case status related to family disputes.
How RTIwala Can Assist You
- Custom RTI Drafting to obtain missing legal documents.
- Anonymous RTI Filing for sensitive information retrieval.
- Legal Consultation to ensure a smooth divorce filing process.
- Tracking RTI Requests for timely document access.
Conclusion
Proper documentation is crucial for a smooth and hassle-free divorce process in India. Whether filing for mutual or contested divorce, ensuring that all necessary papers are in place helps avoid delays. If you need assistance in retrieving important documents, RTIwala can help you obtain legal records quickly and efficiently.
