In India, Marriage is considered to be an important institution. It is a societal affair which is essential for the future of a family. When a marriage takes place, the probability of divorce arises. Therefore, it is essential to understand the ways by which a couple can file for a divorce.
Divorce means the termination of a matrimonial union and dissolving the bonds of marriage between married spouses under the rule of law. It refers to reorganizing and cancelling of the legal duties and responsibilities that vest in a marriage. Divorce laws differ greatly around the world, and it requires the sanction of a court or other legal procedure. Other legal procedures circumventing divorce, include matters of alimony (spousal support), child visitation/ access, child custody, child support, parenting time and separation of debt.
In a Mutual consent divorce, both the parties mutually decide to take divorce and dissolve their marriage. A contested divorce is a formal way of seeking a divorce from the spouse. In a Mutual consent divorce, both the parties mutually decide to take divorce and dissolve their marriage.
Documents required for a Mutual Consent Divorce
- Address proof of both husband and the wife
- Marriage certificate of the couple
- Income tax statements for the last 2-3 years
- All the information related to the family background of both the spouses
- Details of properties and all the other assets owned by the petitioner
- Evidence proving spouses are not staying together more than a year
- Evidence proving to the failed attempts of reconciliation
- Details of present income and profession will also be required
- Four passport size photographs of the marriage of both the husband and wife
Once the divorce petition is filed in the relevant court, photocopies of the above-mentioned documents can be submitted, and the original ones are required to be kept secure for future reference.
It is a formal way of seeking a divorce from the spouse. In a contested divorce, there is an underlying dispute in the marriage. When both the parties do not come together to settle on the same issue unanimously, then it is known as a contested divorce. Generally, in this form of divorce, the parties do not agree on the divorce-related issues. The proceedings of a contested divorce are very lengthy. In a contested divorce, one of the parties wants to break the marriage whereas other party does not agree with the same. In such circumstances, the Court decides whether there are any chances of reconciliation or not. If there are no chances of reconciliation, then the Court grants a divorce.
There are various grounds on which a contested divorce can be applied by either of the party. Documents like address proof of both the parties, marriage certificate, passport size photos, details regarding present profession remains a necessary requirement under any ground. However, there are certain additional documents which may be requested by the concerned court to grant a divorce.
Documents required under the ground of “CRUELTY.”
- Evidence that shows the cruel behaviour of the respondent
- Medical reports to state any physical abuse
- Testimony of the person who witnessed the cruel act
- Submitting copies of outrageous acts like putting up advertisements, if any.
Documents required under the ground of “Adultery.”
- A proof will be required to show the single act of adultery
- Evidence relating to long term adulterous relationship with someone other than the spouse or cohabitation, if any.
- Statement of the person who witnessed the adultery act
- Photographs of the act between both the parties involved in adultery
- A piece of evidence can also work if it shows post-marriage sexual intercourse with someone other than the spouse
- If the spouse has DNA evidence, relating to the adulterous act of his/her partner, then they will need a person who tests DNA. A sample will be provided to testify in court about his/her findings.
Documents required under the ground of “Unsoundness of Mind.”
- Proofs will be required to show that two years have been passed since the marriage
- A document will be necessary which shows that the petitioner was unaware of the mental disorder at the time of marriage
- Medical certificate of the respondent to show the mental disorder
- Evidence which states that the mental disorder is continuous or an intermittent mental disorder
- Moreover, a piece of evidence will be required to show that it has become impossible for the petitioner to stay with the respondent.
Documents required under the ground of “Desertion.”
- Separation of factum deserendi. (Deserdendi means the intention of abandonment of the partner).
- Evidence that proof that desertion did not consent
- The purpose of deserting the spouse
- Documents that proof either the constructive or actual desertion, as the case maybe
- Proofs that show desertion by the spouse was without any reasonable cause
- Documents relating to a period of two years in which there is complete withdrawal by one spouse from carrying out his or her marital obligations.
Documents required under the ground of “Venereal Disease.”
- Evidence that shows even after three years of marriage, the disease hasn’t been cured
- Medical report of the respondent that shows, he/she has been going through a disease which can be communicated to the spouse or the child
- Medical certificate of the petitioner will also be required, which proofs that he/she didn’t have the disease at the time of marriage. Moreover, this will also prove that the petitioner is innocent and is not trying to conceal any facts.
Documents required under the ground of “Conversion.”
- Evidence proving that there has been formal ceremonial conversion to some other religion
- A conversion certificate of the petitioner is a must.
- Documents regarding that the respondent was under no undue influence to get converted into another religion. That means the conversion should be a “willful conversion”.
- Evidence showing that it has not been done to marry some other person and the person is believed to have complete faith in the religion he/she has converted himself.
When a divorce is taking place, it becomes essential for both the parties involved to get a fair trial. The whole procedure of divorce can run smoothly, it both the parties come together to agree on certain terms and conditions. The documents mentioned above should be available with the petitioner to make sure that there are no hurdles to file for a divorce. However, to minimize the chances of errors, it is advisable to hire someone professional who can help the petitioner so that no legal consequences arise in the future.