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What are the Divorce Papers required in India?

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When filing for divorce in India, there are several documents that need to be submitted to the court. The specific divorce papers required depend on the grounds on which the divorce is being sought.

Grounds for Divorce

As per the Hindu Marriage Act 1955, a divorce can be filed on grounds like adultery, desertion, cruelty, unsoundness of mind, incurable diseases like leprosy or venereal diseases, renunciation of the world, non-heard being alive for 7 years and more.

Divorce Papers Required for Mutual Divorce in India?

For a mutual divorce under Section 13B of the Hindu Marriage Act 1955, the following divorce papers are required

  • Marriage certificate showing date and place of marriage
  • Address proof of husband (Aadhaar card, voter ID, passport etc) and wife
  • Rent agreement or electricity bill showing evidence of living separately for more than a year
  • Written statement from family members on failed reconciliation attempts
  • Income tax returns for last 2-3 years of both parties
  • Details of occupation, annual income, family background and assets of both husband and wife

Divorce Papers Required for Divorce on Grounds of Cruelty in India?

For divorce on grounds of cruelty under Section 13(1)(ia), the divorce papers needed are

  • Registered marriage certificate
  • Current address proof of both parties
  • Medical reports indicating physical abuse like bodily injuries
  • Witness statements from family, friends on incidents of cruelty
  • Written evidence of abusive behavior like threatening messages
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Divorce Papers Required for Divorce on Grounds of Adultery in India?

For divorce on grounds of adultery under Section 13(1)I, the required divorce papers are

  • Marriage certificate
  • Address proof of husband and wife
  • CCTV footage evidencing adultery
  • Witness statements from hotel staff, neighbors etc.
  • DNA paternity report of child, if applicable

Divorce Papers Required for Divorce on Grounds of Desertion in India?

For divorce on grounds of desertion, the divorce papers required are

  • Marriage certificate
  • Address proof of both parties
  • Rent agreement in only one spouse’s name evidencing desertion
  • Written proof from family, friends that desertion was not voluntary

Divorce Papers Required for Divorce on Grounds of Incurable Disease in India?

For divorce on grounds of diseases like leprosy, the divorce papers needed are

  • Marriage certificate
  • Address proof
  • Medical certificate of disease from government hospital
  • Doctor statements confirming disease is incurable
  • Statement from family that spouse was unaware of disease at time of marriage

The court may ask for additional supporting divorce documents depending on the circumstances of the case. Having the proper paperwork ready can help expedite the divorce process in India.

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