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Documents required to be filed in divorce cases

Essential Documents required to be filed in divorce cases in India

The specific documents required to be filed in divorce cases in India can vary depending on the circumstances and the jurisdiction in which the case is filed. However, here are some common documents that are typically required in divorce cases in India:

  1. Petition for Divorce
    The petition for divorce is the main document that initiates the divorce proceedings. It includes details about the parties involved, the grounds for divorce, and the relief sought by the petitioner.
  2. Marriage Certificate
    The marriage certificate is required to establish the validity and existence of the marriage. It is an essential document that proves the legal relationship between the spouses.
  3. Address Proof
    Both parties are usually required to provide their address proof, such as a copy of their passport, Aadhaar card, or any other government-issued identification document.

  4. Income and Asset Documents
    In cases involving alimony or division of property, parties may be required to submit documents related to their income, assets, and liabilities. This may include income tax returns, salary slips, bank statements, property documents, and valuation reports.

    Also Read, LEGAL SEPARATION VS DIVORCE: WHAT YOU NEED TO KNOW

  5. Proof of Dissolution of Previous Marriage (if applicable)
    If either party was previously married, they may need to provide documents proving the dissolution of their previous marriage, such as a divorce decree or death certificate of the former spouse.
  6. Evidence of Cruelty, Adultery, or Desertion (if applicable)
    Depending on the grounds for divorce, parties may be required to submit evidence supporting their claims. This may include photographs, emails, text messages, witness statements, or any other relevant evidence.
  7. Child Custody and Maintenance Documents (if applicable)
    If child custody and maintenance are contested issues in the divorce case, documents such as birth certificates of the children, school records, medical records, and financial statements may need to be provided.
  8. Affidavits
    Parties may be required to submit affidavits affirming the facts and allegations mentioned in the petition or supporting documents. These affidavits are sworn statements made under oath and are an important part of the legal process.

It is important to note that the specific requirements can vary depending on the family court or jurisdiction where the case is filed. It is advisable to consult with a local family law attorney or refer to the specific rules and guidelines of the relevant court to ensure compliance with the documentation requirements.

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