Documents Required for a Non-mutual Consent Divorce in India

Filing for a mutual consent divorce is relatively simpler. However, a non-mutual-consent divorce may be slightly difficult to summon up. Here are a few documents that will help you break through the process without hassle.

Documents Required for a Non-mutual Consent Divorce in India: Overview

Filing for a non-mutual consent divorce in India can be a complex process, and having the necessary documents ready is crucial for a smooth and efficient procedure. Here’s an overview of the essential documents you’ll need:

Required Documents

• Marriage certificate: This is the primary proof of your marriage and is essential for initiating the divorce proceedings.
• Proof of identity: Aadhaar cards, driver’s licenses, or PAN cards for both spouses are usually accepted.
• Address proof: Recent utility bills, rental agreements, or bank statements for both parties can serve as address proof.
  • Grounds for divorce: Depending on the reason for your divorce, you’ll need specific documents to substantiate your claim. Here are some examples: Cruelty, Medical reports, police complaints, witness statements, etc.
  • Adultery: Evidence of the extramarital affair, like photos, emails, messages, etc. (Note: Adultery is no longer a ground for divorce under the Hindu Marriage Act, 1955, but may still be applicable under other laws like the Indian Christian Marriage Act, 1872).
  • Desertion: Proof of separate residence for at least two years, attempts at reconciliation (if any), etc.
  • Insanity: Medical certificates from qualified doctors.
  • Imprisonment for more than seven years: Court order or prison records.
  • Venereal disease: Medical reports.
• Petition: This is a legal document stating your grounds for divorce and your desired outcome. It should be drafted by a competent lawyer, and you may need to sign affidavits confirming the information provided.

Which Documents are Required for a Non Mutual Consent Divorce in India?

If you are filing for a Non Mutual Consent Divorce in India, there are certain documents that are required in order to file your petition. These documents include:

1. A copy of your marriage certificate.
2. A copy of your husband’s passport or other government-issued ID.
3. A copy of your divorce decree (if applicable).
4. A copy of your birth certificate.
5. Financial documents, such as tax returns, pay stubs, bank statements, etc., to show your financial status and support your claims regarding alimony and child support (if applicable).
6. Any relevant court orders or settlement agreements (if applicable).
7. affidavits from witnesses who can attest to the grounds for divorce (if applicable).

How Should These Documents Be Prepared by You

The documents required for a Non-Mutual Consent Divorce in India are as follows

1. The original marriage certificate issued by the Registrar of Marriages.
2. A copy of the joint bank account statement or any other financial document to show that the couple has joint accounts.
3. A copy of the latest income tax return filed by either spouse.
4. An affidavit from each spouse detailing the grounds for divorce and swearing that all information provided is true and correct.
5. Any relevant documentation relating to property owned jointly by the couple or any children born to them during the marriage.
6. Where there are minor children, a copy of the birth certificate and custody arrangement agreed upon by both parents.

What Is the Process of Getting a Divorce in India?

The process of getting a divorce in India can vary depending on whether the divorce is mutual or not. If the divorce is mutual, both parties must agree on all terms and sign the necessary paperwork. If the divorce is not mutual, one party must file a petition with the court and serve it to the other party. The non-filing spouse then has 30 days to respond to the petition. Once both parties have signed the necessary paperwork, they will submit it to the court for approval. The final divorce decree will be issued by the court and sent to both parties.

Can Someone Deny Your Petition of Divorce Easily?

If your spouse files a petition for divorce without your consent, you may be wondering if there is anything you can do to stop the process. The answer depends on the grounds for divorce and the evidence presented.

If your spouse alleges grounds for divorce that are false or cannot be proven, you may be able to deny the petition. For example, if your spouse claims that you have committed adultery but cannot produce evidence, you can deny the claim and the divorce will not be granted on that ground.

However, if your spouse has evidence to support their allegations, it may be difficult to deny the petition. If there is evidence of irreconcilable differences or mental cruelty, it is unlikely that a court will rule in your favour. In these cases, it is best to consult with a lawyer to discuss your options and whether you should contest the divorce.

Apply for the Recognition of Foreign Country Divorce Decree in India

If you have been divorced by a Foreign Court, you can apply to the Indian Court to have your divorce decree recognised. The process for doing this is set out in the Civil Procedure Code, and you will need to file a petition with the District Court in the district where you reside.

To have your divorce decree recognised by the Indian Court, you will need to provide the following documents:

1. A copy of your divorce decree from the foreign court;
2. An affidavit from yourself or your solicitor confirming that the divorce decree is final and has been served on your spouse;
3. If there are any children of the marriage, an affidavit from yourself or your solicitor confirming that arrangements have been made for their welfare; and
4. Any other supporting documentation that may be required by the Court.

Common Marriage Concerns That Result in Divorces

When a couple gets married, they often have high hopes and dreams for the future. However, over time, some couples may find that they have grown apart and are no longer compatible. This can lead to a number of common marriage concerns that result in divorces.

One common concern is financial problems. Money troubles can put a lot of stress on a marriage, and if the couple is unable to work out their differences, it can lead to divorce. Another common issue is infidelity. If one spouse cheats on the other, it can be very difficult to repair the trust that has been broken. Additionally, couples may simply grow apart and no longer feel like they are a good match.

While these are some of the most common issues that lead to divorce, there are many other potential concerns as well. If a couple is facing any difficulties in their marriage, it is important to seek help from a qualified counsellor or therapist. With professional help, couples may be able to work through their problems and save their marriage.

Obtain a Court Order of Separation

It is not always easy to obtain a court order of separation in India. Sometimes, one spouse may not be interested in getting a divorce, or both spouses may not be able to reach an agreement on the terms of the divorce. In these cases, it may be necessary to file for a non-mutual consent divorce.

There are several documents that are required in order to file for a non-mutual consent divorce in India. These include:

1) A petition for divorce: This must be filed by the spouse who is seeking the divorce. It must state the grounds on which the divorce is being sought, and it must be signed by both spouses.

2) A statement of means: Both spouses must submit a statement of means, detailing their income, assets, and liabilities.

3) A separation agreement: If both spouses agree to the terms of the divorce, they can sign a separation agreement. This agreement will outline the terms of the divorce, including child custody arrangements, property division, and support payments.

4) A decree of divorce: Once all of the above documents have been filed with the court, a judge will review them and issue a decree of divorce if they find that the grounds for divorce have been met.

Conclusion

In order to file for a non-mutual consent divorce in India, you will need to have the following documents: (1) your marriage certificate; (2) proof of residency in India; (3) a copy of your husband’s passport and visa; (4) a copy of your dowry agreement; and (5) evidence of cruelty or desertion. These documents are necessary in order to prove to the court that you meet the legal criteria for a non-mutual consent divorce.

FAQs on Non-mutual Consent Divorce in India

Also, Read:

• Divorce Procedure Cost In India
• When We Can Apply for Mutual Divorce
• Mutual Divorce Form Online