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Jul 193 min read

WHAT DOCUMENTS ARE REQUIRED TO FILE FOR A DIVORCE CASE

Divorce Is A Legal Process Of Separation Of A Couple After Their Marriage, When Both  Parties (Husband And Wife) Wish To Separate With Their Own Will After Marriage, The Procedure Would Be Called As Divorce With Mutual Consent. Both The Partners Can Apply For The Divorce Mutually.

Divorce Would Be Called A Contested Divorce Or Divorce Without Mutual Consent When It Would Be Filed Without The Approval Of Either Of The Spouse(Husband Or Wife) Of The Applicant. Most Of The Times, The Reason Behind Filing For Such Divorce Could Be Cruelty, Adultery, Desertion, Conversion, Mental Disorder, Communicable Disease, Presumption Of Death Or In Case Of Renouncing The World On The Part Of The Defendant.


The Procedure Of Divorce With Mutual Consent In India Would Be  Less Expensive,  Traumatic As Well As Less Time Consuming As Compared To The Contested Divorce Procedure.


When Could One Apply For A Mutually Contested Divorce Case ? 


Both The Husband And Wife Must Be Willing To Get Separated Will Be The First And Foremost Rule When It Comes To Filing For A Divorce With Mutual Consent. Mentioned Below Are A Few Things One Should Be

Aware Of Before Filing A Divorce :

  • Husband And Wife Must Be Staying Separately For A Period Of Minimum One Year.

  • Husband And Wife Have Both  Agreed For The Divorce.

  • The Partners  Are Unable To Live Together Anymore.

  • Divorce Must Be Filed After A Period Of Minimum One Year From The Date Of Marriage


Provisions Of Law For A Divorce By Mutual Consent


There Are Different Acts For Marriage Registration, In A Similar Manner, The Law Has Different Provisions Of Law As Per The Marriage Acts Which Have Been Mentioned Below :

  • Section 13b Of The Hindu Marriage Act 1955, Which Provides For A Period Of Separation, I.E. 1-Year Minimum)

  • Section 28 Of The Special Marriage Act, 1954

  • Section 10a Of The Divorce Act, 1869, Providing For A Period Of Separation,I.E.,   2-Year Minimum)

  • Section 32b Of The Parsi Marriage Act 1936

  • Provided Under The Sections Of Christian And Muslim Marriage Act.


Documents Required To Apply For A Divorce 


Common Documents Which Are Required For Filing A Divorce Petition, Experienced Divorce Lawyers In Kolkata Or Divorce Lawyers In Delhi Could Help You Prepare Documents In Case Anything Is Missing :

  • Marriage Certificate Of Couple

  • Address Proof Of The  Husband And Wife.

  • Four Photographs Of Marriage

  • Income Tax Statement Of Last 3 Years Of The Couple

  • Details Of Profession And Income Such As Salary Slips, Appointment Letter Of The Couple

  • Details Of Property And Asset Owned By The Partners

  • Information About Family, Ie.Husband And Wife

  • Evidence Of The Couple Staying Separately For An Year

  • Evidence Related To The Failed Attempts Of Reconciliation Between The Partners.


Expert And Trusted Lawyers At The Lead India Could Help You Throughout The Process Of Divorce Right From Start Till The Final Decision. After A Thorough Consultation From Experienced Divorce Lawyers In Mumbai, The Couple Wishing To File For A Divorce Would  Need To Follow The Process :


The Couple Would Have The Option To File A Petition In Any One Of The Following Family Courts-

  • Where The Couple Last Resided As Husband And Wife,

  • Where The Husband Lives Presently .

  • Where The Wife Is Living The Present.

Mentioned Above Are Some Of The Important Facts One Must Be Aware Before Deciding To File For A Divorce. In Case You Wish To Talk To A Lawyer Or Seek Free Legal Advice Online, You May Contact Us At Lead India.


Visit us: — www.leadindia.law

Call Us: +91–8800788535


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