What documents are required to file for divorce?

The documents required for filing a divorce petition may vary depending on the nature of the proceedings and the facts of the case. However, the following documents are generally required before the Family Court under the Hindu Marriage Act, 1955:

·      Identity and address proof of both spouses, such as an Aadhaar Card, PAN Card, Passport, or Voter ID.

·      Marriage certificate or any other valid proof of marriage. Where a marriage certificate is unavailable, documents such as wedding photographs or the marriage invitation card may be relied upon.

·      Passport-size photographs of the parties.

·      Proof of residence to establish the territorial jurisdiction of the Family Court.

·      Financial documents, including salary slips, income tax returns, bank statements, and details of assets and liabilities, particularly where maintenance, permanent alimony, or child support is sought under Sections 24 and 25 of the Hindu Marriage Act, 1955.

·      Property and asset documents, if disputes regarding matrimonial property or financial settlement are involved.

·      Evidence supporting the ground of divorce, such as medical records, photographs, emails, text messages, call records, police complaints, FIRs, or any other documentary or electronic evidence relevant to the case.

·      Child-related documents, including birth certificates, school records, and medical records, where issues of custody or maintenance arise.

·      In appropriate cases, additional documents, such as passports and visa details in NRI matters or records relating to domestic violence proceedings, may also be required.

The exact documentation may differ in contested divorce and divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, and the Family Court may require additional documents depending on the circumstances of each case.