What are the Documents Required for Mutual Divorce in India?

Last Updated at: May 19, 2020
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What are the Documents Required for Mutual Divorce in India_

A divorce is not an indication of failure, but rather an informed decision towards growth and self-realization. While divorces were considered taboos for a long time in India, thanks to better access to education, it is slowly becoming accepted. However, the ending of a marriage can still be a huge emotional burden that is not easy to handle alone. One of the best ways to get a divorce, by inflicting the least amount of psychological trauma on each other is to file for a mutual consent divorce. So, what is a Mutual Divorce, and what are the documents required for a mutual divorce in India? Here’s a look at everything you need you to know about the various grounds and documents needed to obtain a mutual consent divorce in India. 

  1. What is a mutual consent divorce?

  2. What is a contested divorce?

  3. Divorce laws in India

  4. What to remember while filing for mutual divorce in India

  5. When can someone file a mutual divorce?

  6. Basic documents required for mutual divorce in India

What is a mutual consent divorce?

The process of dissolution of a marriage in India begins through the spouses filing for a divorce. The divorce notice is filed by either of the spouses to the other. Divorce serves as the legal termination or dissolution of a marriage in India. A mutual divorce is a legal process that occurs when both the husband and wife wish for the divorce to happen. Both the parties concerned want to separate, and hence it is considered a mutual divorce. The best part about the mutual divorce is that the procedure is both less expensive and traumatic than the contested divorce.

Get legal advice 

What is a Contested Divorce?

The other type of divorce granted in India is the contested divorce. However, this process tends to be longer, messier, and more traumatic than a mutual divorce. Divorces are termed contested when it is filed without mutual consent, that is, without the consent of both parties involved. The various reasons for filing a contested divorce are cruelty, desertion, adultery, disease, the presumption of death, and mental disorder. 

Divorce Laws in India

The dissolution of a marriage in India is usually handled by a family lawyer or attorney. The journey of getting a divorce in India has a lot of emotional ups and downs. It can be quite a traumatic experience as it marks the end of your marital relationship. Since India is the amalgamation of different religions, cultures, and traditions, we have separate marriage laws for distinct communities. Therefore, divorces occur as per the marriage customs or regulations of that particular community. For instance, all Hindu, Sikh, Jain, and Buddhist marriages and divorces happen as per the rules laid down in the Hindu Marriage Act, 1955. When it comes to Muslims, cases and verdicts occur as per the jurisdiction of the Muslim Marriage Act, 1939.

Similarly, Parsi marriages and divorces are handled by the Parsi Marriage and Divorce Act, 1936. Furthermore, the Indian Judiciary has also put in place the Special Marriage Act, 1956, to treat spouses who belong to different communities and castes. In case either one of the spouses belong to a foreign country, divorce happens as per the rules of the Foreign Marriage Act 1969.

What to remember while filing for a Mutual Divorce in India

  1. Make sure you and your spouse talk in detail about child custody, and come to terms about it, for the well-being of your child. 
  2. In case one of the spouses is financially dependent on the other, there might be an alimony settlement. Try to talk about these matters before filing for a divorce so that no arguments are raised later. 
  3. Another big hassle that comes with divorces is the settlement of mutual properties and assets. Do sit down and discuss how you will like to split the properties and assets between yourselves, so that there is a clearer picture of the road, moving ahead. 

When Can Someone File a Mutual Divorce?

  • Both the husband and wife must be willing to file for a divorce
  • The spouses should have stayed separately for at least one year before filing for mutual divorce
  • When both the parties involved feel they cannot live together anymore
  • The parties have spent at least one year as a married couple
  • Mutual Divorces come under the purview of the following Laws:
  1. Hindu Marriage Act, 1955 – Section 13B (1-year separation minimum)
  2. Special Marriage Act, 1954 – Section 28 
  3. Divorce Act, 1869 – Section 10A of the (2-year separation minimum)
  4. Parsi Marriage Act, 1936 – Section 32B 
  5. Christian and Muslim Marriage Acts
  • No coercion, undue influence or fraud to make the spouse consent for a divorce
  • No possibility of adjustment/ reconciliation 

Essential Documents Required for a Mutual Divorce in India

  1. Address proof of husband and wife
  2. Details of the petitioner’s profession and their present remuneration – Salary slips/appointment letter
  3. Income tax statements for the last 3 years
  4. Information regarding the family background of the petitioner
  5. Assets owned by the petitioner
  6. Marriage invitation card
  7. Marriage certificate
  8. Evidence showing spouses living separately for more than a year
  9. Evidence showing failed attempts of reconciliation
  10. Four photographs of marriage

While these are the necessary documents needed for all mutual consent divorces, further documents are required as per the grounds on which the petitioner is seeking a divorce. Therefore, when filing for a contested divorce, more documents will be needed. The documents required to depend on what ground you use to file the divorce. 

 

 

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What are the Documents Required for Mutual Divorce in India?

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A divorce is not an indication of failure, but rather an informed decision towards growth and self-realization. While divorces were considered taboos for a long time in India, thanks to better access to education, it is slowly becoming accepted. However, the ending of a marriage can still be a huge emotional burden that is not easy to handle alone. One of the best ways to get a divorce, by inflicting the least amount of psychological trauma on each other is to file for a mutual consent divorce. So, what is a Mutual Divorce, and what are the documents required for a mutual divorce in India? Here’s a look at everything you need you to know about the various grounds and documents needed to obtain a mutual consent divorce in India. 

  1. What is a mutual consent divorce?

  2. What is a contested divorce?

  3. Divorce laws in India

  4. What to remember while filing for mutual divorce in India

  5. When can someone file a mutual divorce?

  6. Basic documents required for mutual divorce in India

What is a mutual consent divorce?

The process of dissolution of a marriage in India begins through the spouses filing for a divorce. The divorce notice is filed by either of the spouses to the other. Divorce serves as the legal termination or dissolution of a marriage in India. A mutual divorce is a legal process that occurs when both the husband and wife wish for the divorce to happen. Both the parties concerned want to separate, and hence it is considered a mutual divorce. The best part about the mutual divorce is that the procedure is both less expensive and traumatic than the contested divorce.

Get legal advice 

What is a Contested Divorce?

The other type of divorce granted in India is the contested divorce. However, this process tends to be longer, messier, and more traumatic than a mutual divorce. Divorces are termed contested when it is filed without mutual consent, that is, without the consent of both parties involved. The various reasons for filing a contested divorce are cruelty, desertion, adultery, disease, the presumption of death, and mental disorder. 

Divorce Laws in India

The dissolution of a marriage in India is usually handled by a family lawyer or attorney. The journey of getting a divorce in India has a lot of emotional ups and downs. It can be quite a traumatic experience as it marks the end of your marital relationship. Since India is the amalgamation of different religions, cultures, and traditions, we have separate marriage laws for distinct communities. Therefore, divorces occur as per the marriage customs or regulations of that particular community. For instance, all Hindu, Sikh, Jain, and Buddhist marriages and divorces happen as per the rules laid down in the Hindu Marriage Act, 1955. When it comes to Muslims, cases and verdicts occur as per the jurisdiction of the Muslim Marriage Act, 1939.

Similarly, Parsi marriages and divorces are handled by the Parsi Marriage and Divorce Act, 1936. Furthermore, the Indian Judiciary has also put in place the Special Marriage Act, 1956, to treat spouses who belong to different communities and castes. In case either one of the spouses belong to a foreign country, divorce happens as per the rules of the Foreign Marriage Act 1969.

What to remember while filing for a Mutual Divorce in India

  1. Make sure you and your spouse talk in detail about child custody, and come to terms about it, for the well-being of your child. 
  2. In case one of the spouses is financially dependent on the other, there might be an alimony settlement. Try to talk about these matters before filing for a divorce so that no arguments are raised later. 
  3. Another big hassle that comes with divorces is the settlement of mutual properties and assets. Do sit down and discuss how you will like to split the properties and assets between yourselves, so that there is a clearer picture of the road, moving ahead. 

When Can Someone File a Mutual Divorce?

  • Both the husband and wife must be willing to file for a divorce
  • The spouses should have stayed separately for at least one year before filing for mutual divorce
  • When both the parties involved feel they cannot live together anymore
  • The parties have spent at least one year as a married couple
  • Mutual Divorces come under the purview of the following Laws:
  1. Hindu Marriage Act, 1955 – Section 13B (1-year separation minimum)
  2. Special Marriage Act, 1954 – Section 28 
  3. Divorce Act, 1869 – Section 10A of the (2-year separation minimum)
  4. Parsi Marriage Act, 1936 – Section 32B 
  5. Christian and Muslim Marriage Acts
  • No coercion, undue influence or fraud to make the spouse consent for a divorce
  • No possibility of adjustment/ reconciliation 

Essential Documents Required for a Mutual Divorce in India

  1. Address proof of husband and wife
  2. Details of the petitioner’s profession and their present remuneration – Salary slips/appointment letter
  3. Income tax statements for the last 3 years
  4. Information regarding the family background of the petitioner
  5. Assets owned by the petitioner
  6. Marriage invitation card
  7. Marriage certificate
  8. Evidence showing spouses living separately for more than a year
  9. Evidence showing failed attempts of reconciliation
  10. Four photographs of marriage

While these are the necessary documents needed for all mutual consent divorces, further documents are required as per the grounds on which the petitioner is seeking a divorce. Therefore, when filing for a contested divorce, more documents will be needed. The documents required to depend on what ground you use to file the divorce. 

 

 

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