Documents Required for a Non-Mutual Consent Divorce in India

Last Updated at: Oct 30, 2020
The Supreme Court has recently waived off the mandatory cooling period of 6 months before divorce, provisioned earlier in the Hindu Marriage Act of 1955. Henceforth, a trial court can dispense with this period if there is no possibility of cohabitation between the estranged couple.


When one party files for divorce in court, but the other contests it, it is known as Divorce without Mutual Consent. Some of the grounds on which either spouse can file for a divorce in India are: 1. Adultery by the petitioner’s spouse, or any other sexual intercourse outside marriage. 2. Willful desertion or abandonment of the petitioner by the spouse, for a continuous period of two years in India, before the date of the filing for divorce. 3. Also, Inflicting physical harm and/or mental torture on the petitioner by their spouse, resulting in any form of danger. 4. Sexual impotency or lacking ability to participate in sexual intercourse by the spouse of the petitioner. 5. Communicable or incurable disease experienced by the spouse of the petitioner. Click here to read about Divorce Procedure in India

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Documents Required for Non-Mutual Consent Divorce:

  1. Address proof of husband 
  2. Address proof of wife 
  3. Marriage certificate 
  4. Four photographs of the marriage of both spouses (passport sized) 
  5. Evidence of proof that the spouses are living separately for about a year
  6. Evidence relating to the failed attempts of reconciliation 
  7. Income tax statements for the last 2-3 years 
  8. Details of the profession and present remuneration 
  9. Information relating to family background 
  10. Details of properties and other asset ownership of petitioner.

Documents based on the grounds of Non-mutual consent divorce

Depending on the grounds on which a spouse files for divorce, few other documents and proofs are required.

  • If the divorce was filed on the grounds of mental illness, – Medical proof for mental illness to be submitted.
  • Otherwise, if the ground is desertion – evidence proving the lack of consent for desertion must be produced.
  • If the grounds are based on leprosy or other serious communicable diseases, – evidence proving that the petitioner was unaware of it during the time of marriage must be submitted.
  • When the grounds are based on either spouse attempting cruelty – then the evidence proving the cruel behaviour must be produced.
  • Similarly, In the case of adultery, – evidence to prove the extra-marital affair is necessary.
  • If the grounds are based on a conversion from one religion to another -evidence witnessing the formal conversion to another religion must be shared.
  • Also, If the divorce is based on the presumed death of a spouse – pieces of evidence to prove that the person has been missing for 7 years and proof on how the partner has filed a missing complaint are submitted.

Similarly, depending on the grounds, the spouse has to submit various other shreds of evidence along with the basic required documents. 

To set an alimony agreement, the couple has to submit the following additional documents:

If the spouses are not able to agree on a few aspects of the agreements, then the court will decide after analysing the merits of each side. 

  • Name of the recipient 
  • Marriage duration details
  • Details on spouse’s health
  • Information on the governing matrimonial law
  • Child custody decision details(if applicable)
  • Details on the financial condition of the spouses

If the spouses are not able to agree on a few aspects of the agreements, then the court will decide after analysing the merits of each side.