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What documents are required for filing a divorce petition?

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(@Chavvi Jain)
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I want to file for divorce—what documents are legally required?

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Legallyne
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Filing a divorce petition in India requires proper documentation to support the legal process and the claims made by the parties. While the specific documents may vary slightly depending on the type of divorce (mutual or contested) and personal laws involved, there are several standard documents typically required by the Family Court to initiate proceedings.

The primary and mandatory document is the marriage certificate, which serves as legal proof of the marriage. It must be issued by a recognized government authority under the Hindu Marriage Act, 1955, Special Marriage Act, 1954, or other applicable personal laws. In cases where a formal certificate is unavailable, alternative proof such as wedding photographs, invitation cards, or affidavits may be submitted, but these are subject to judicial discretion.

Another essential document is a valid identity proof and address proof of both parties, such as Aadhaar card, passport, voter ID, or PAN card. These establish the jurisdiction of the court, as the petition can be filed where either party resides or where they last lived together.

In mutual consent divorce, a joint divorce petition signed by both spouses is required. It should clearly state the fact of separation for more than a year, mutual agreement to divorce, and agreed terms of settlement regarding alimony, custody, maintenance, and property (if any). In contrast, for contested divorce, a petition drafted by the petitioner must outline the ground for divorce, supported by evidence such as medical records (in case of mental illness), police complaints or protection orders (in cases of cruelty), or affidavits of witnesses.

Where child custody is involved, the petitioner must also submit the child's birth certificate and related documents about the child's school, health, or financial needs. If there is a demand for alimony or maintenance, then income documents, such as salary slips, Form 16, bank statements, or property documents, are also required to assist the court in determining a fair amount.

In addition, photographs from the wedding and during cohabitation, evidence of separation or desertion (like rent agreements or separate residences), and correspondence between the parties (emails, messages, letters) are often annexed to support the petition.

Finally, court-related documents such as affidavits verifying the petition, vakalatnama (if represented by a lawyer), and passport-size photographs of both parties are required to complete the filing process.

In summary, thorough documentation ensures that the divorce process is efficient and legally sound. Missing or inadequate paperwork can delay proceedings, so it's advisable to consult a lawyer to verify all required documents before filing the petition.

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