This article is written by Vaishnavi Shukla, a student of Bangalore Institute of Legal Studies, on the documents required for obtaining a decree of divorce.

FILING FOR A DIVORCE? OR KNOW SOMEONE WHO IS FILING FOR A DIVORCE? OR YOU YOURSELF ARE AN ADVOCATE?
Then this is one article you must read in order to know what documents your advocate will require or you yourself will require in case you are the advocate, for carrying on the divorce procedures.

Introduction: Seeking divorce in India is a long drawn out legal affair, where the period of prosecution takes a minimum of six months. It involves a number of documents and long procedures before you get the decree of divorce. If one is willing to file for divorce and wants to escape the tedious time intervals that would take place if the advocate does not have all the proper documents, then knowing the number of documents to be required is necessary. Knowing what all documents will be required is necessary as much as the procedure itself. This article strictly deals with the documents that an advocate would require in divorce cases, on the basis of grounds of divorce.

Grounds, Documents of Divorce:Mutual consent, Cruelty, Adultery, Desertion, Conversion, Unsoundness of mind, virulent and incurable leprosy, venereal diseases in communicable form, entering new religious order, presumption of death, non-compliance with the decree of judicial separation, non-compliance with the decree of restitution of conjugal rights etc constitute the grounds on which divorce is sought. Along with the grounds we will also talk about the procedures involved and the documents required in each case of filing for divorce.
1. Mutual Consent Divorce: S-13B of the Hindu Marriage Act deals with divorce by mutual consent. The time and money required in cases of divorce can be shortened if the couple seeks divorce by mutual consent. Under this, estranged spouses can agree to a settlement and can file for “no-fault divorce”. The purpose was to enable couples to adopt honest rather than fraudulent or collusive means to achieve legitimate ends. The consent here is a sharp departure from sacramental notion of marriage and brings marriage to the level of purely consensual contractual partnership. ‘If spouses are free to enter a matrimonial contract, they are equally free to withdraw from contract of marriage’. Also, it is important to note that the couples are desirous of obtaining a decree of divorce by mutual consent.

Documents Required:In mutual consent divorce, the following documents are required to be submitted:
• Address proof of husband
• Address proof of wife
• Marriage certificate
• Four passport size photographs of marriage of husband and wife
• Evidence proving spouses are living separately since more than a year.
• Evidence relating to the failed attempts of reconciliation
Also, it is important to note while talking about the documents required to be submitted by the petitioner, that they need to submit photocopies of the following documents once petition for divorce is filed in the appropriate Court.
• Income tax statements for the last 2-3 years
• Details of profession and present remuneration
• Information relating to family background
• Details of properties and other assets owned by the petitioner
Alimony: Alimony is another important aspect which must be taken into consideration. The worst sufferers of a divorce are women who are bereft of the basic necessities like food, clothing, etc. and alimony is the financial support that a spouse is required to provide to an estranged partner during and after a divorce. However, due to the concept of equality of sexes and with increasing economic interdependence of women, alimony can now be sought by either spouse depending upon the financial condition of each. The following are the factors that will be taken into determination while deciding the amount of alimony:
 Duration of marriage
 Age of recipient
 Health of spouse
 Respective marriage laws
 Child custody
 Financial position of either spouse
Hence, these are the required documents in divorce cases by mutual consent.

2. Cruelty:Sec 13(1) (ia) of the HMA, 1955 deals with cruelty as a ground of divorce. The notion of ‘cruelty’ as a ground of divorce has gone through substantial expansion over the decades. Cruelty is the most widely used ground of matrimonial misconduct. It is the behavior which would cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for him/her to live with the respondent. Normal wear and tear of married life cannot be construed as cruelty. Their social context is a relevant factor while determining the extent of cruelty i.e. inflicted by one spouse upon the other. From behavior which would be ‘harmful or injurious’, the legal concept of cruelty has been diluted to ‘behavior which would cause agony, torture or distress’.

Documents Required:The following are the documents an advocate will require in divorce cases pertaining to cruelty:
• Marriage certificate
• Address proof of husband
• Address proof of wife
• Medical reports proving physical abuse
• Evidences laying down cruel behavior
• Submitting copies of outrageous acts like putting up advertisements in newspapers, if any.
• Statements of persons who witnessed the cruel act
• Four passport size photographs of marriage of husband and wife

Hence, these are the required documents in divorce cases on the ground of cruelty.
3. Adultery: Sec 13(1) (i) of the HMA, 1955 deals with adultery as a ground of divorce. Adultery was the first matrimonial fault introduced as a ground for divorce. It is both a matrimonial as well as a criminal offence (sec.497 IPC). In both instances, it is essential to prove a willful act of sexual intercourse outside wedlock. It is not necessary to prove that the adulterer had the knowledge or reason to believe that the person concerned was the wife (or husband, as the case may be) of the petitioner. ‘Sexual intercourse’ contemplated by the matrimonial offence of adultery refers to consensual intercourse outside the wedlock; intercourse with the former or latter wife of a polygamist marriage is not adultery. The mere attempt at sexual intercourse does not qualify for adultery. A husband cannot obtain divorce on the ground of adultery merely because the wife was victim of rape.

The primary requirement of the ground for adultery is that the erring spouse should have consented to the act of adultery. Without consent, sexual relations outside wedlock do not constitute adultery. Similarly, if the party lacks the mental capacity to give consent on account of being minor or a person of unsound mind, the presumption is that intercourse is not voluntary. Hence, the act cannot be used as a ground for divorce.

Documents Required:The following are the documents an advocate will require in divorce cases pertaining to adultery:
• Marriage certificate
• Address proof of both husband and wife
• Proof as to single act of adultery
• Evidences relating to long term adulterous relationship or cohabitation, if any.
• Photographs pertaining to the act between the partner and other person.
• Statements of persons who witnessed the adulterous act.
• Evidences relating to post-marriage sexual intercourse with person other than the spouse.
NOTE: Pre-marital sexual intercourse or pre-marriage pregnancy does not constitute adultery.
• If the spouse has DNA evidences, relating to adulterous act of his/her partner, then he will need the forensic scientist or whoever performed the DNA testing of the sample provided, to testify in court about his/her findings.
• Four passport size photographs of marriage of husband and wife

Hence, these are the required documents in divorce cases on the ground of adultery.

4. Desertion:Desertion implies the permanent abandoning of one spouse by the other. It is necessary that, it should be accompanied with a reasonable cause, and without the consent of the other party. The essential elements of desertion are:
• Separation or factum deserdendi
• The intention to desert or animus deserdendi
The intention to desert does not have to precede the fact of separation. The moment, however, desertion is contemplated, the individual becomes a deserter. Supervening desertion thus refers to a situation where the factual separation already existed, but the intention to desert followed much later. Desertion may be either actual or constructive. The spouse who is residing in the matrimonial home and has made it intolerable for the other spouse to continue living under the same roof can be construed as ‘constructive desertion’.
In the words of the Supreme Court, ‘Desertion in its essence means the intentional permanent forsaking and abandonment of one spouse by the other without the other’s consent and without reasonable cause’.

Documents Required:The following are the documents an advocate will require in divorce cases pertaining to Desertion.
• Marriage certificate
• Address proof of husband
• Address proof of wife
• Four passport size photographs of marriage of husband and wife
• Evidences relating to a period of two years in which there is complete withdrawal by one spouse from carrying out his or her marital obligations.
• Evidences proving that the desertion was not consented.
NOTE: Intention to desert is of utmost importance.
• Evidences proving the existence of either constructive or actual desertion, as the case may be.
• Evidences showing that the desertion was without any reasonable cause.
Hence, these are the required documents in divorce cases on the ground of desertion of one spouse by the other.

5. Unsoundness of Mind: Unsoundness of mind is a mental disorder and it can become a ground for divorce if the person suffers from prolonging insanity.Unsoundness of mind results from severe psychosis like schizophrenia,dementia or mental retardation which makes the person incompetent to give consent.

A/c to Section 13(iii) of Hindu Marriage Act,1955, the petitioner can file for divorce if the other party has been suffering from incurable unsoundness of mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Documents required:The following are the documents an advocate will require in divorce cases pertaining to Unsoundness of Mind:
• Address proof of Husband
• Address proof of a wife
• Marriage Certificate
• Four Passport size photographs of Marriage of Husband& Wife
• Medical Certificate to prove mental disorder
• Proofs showing a period of two years have been passed since marriage
• Evidence proving that the petitioner was unaware of the disorder at the time of marriage
• Evidence to show the person has been suffering from continuous or intermittent mental disorder of such kind
• Evidence to prove that it has become impossible for the petitioner to live with respondent.
Hence, these are the required documents in divorce cases on the ground of unsoundness of mind.

6. Leprosy:Section 13 (1) (iv) of the Hindu Marriage Act, 1955 is another ground for divorce when the person suffers from a virulent and incurable form of leprosy.“Leprosy is a chronic, infectious disease which is caused by Mycobacterium Leprae. Transmission becomes easier if there is prolonged and close contact and even a short and intimate contact is enough for transmission”.The period of limitation prescribed under the Act for seeking divorce for leprosy is two years.

‘Virulent’ in the context of Section 13(I)(iv) is not a medical term. The decisions of the different High Courts and the Privy Council, where the word ‘virulent’ has been used to describe leprosy in a very serious type. Virulent means ‘Malignant ‘and ‘infectious’. A spouse cannot be forced to live with the partner who suffers from a serious form of leprosy which can be transmitted to the spouse and children at any given part.
Documents required:The following are the documents an advocate will require in divorce cases pertaining to Leprosy:
• Address proof of Husband
• Address proof of wife
• Marriage Certificate to prove that the couple has been married for last two years.
• Four Passport size photographs of Marriage of Husband& Wife.
• Medical Certificate to prove leprosy.
• Statements by doctors to confirm the validity of the medical certificate.
• Evidence to prove that petitioner didn’t know about the disease at the time of marriage.
• Proofs as to leprosy was incurable and is of a serious form
• Witnesses to prove that individual is unfit for social intercourse
Hence, these are the required documents in divorce cases on the ground of respondent suffering from leprosy.

7. Conversion: Conversion can be used as a ground for divorce when a person who is a Hindu gets converted to another religion. The right to get a divorce under this law has been conferred on a Hindu. According to Section 13(1)(ii) of the Act, the spouse can file a petition for divorce if the other spouse gets converted into another religion, but the person who has been converted can also file a petition for divorce after he haschanged to another religion.Mere stating to be of another religion or getting acquainted to another religion will not lead to conversion. There should be a voluntary relinquishment of Hindu religion and each and every stepshould have been followed for getting converted to another religion.The Hindu spouse who gets converted to another religion does not get any rights under the Hindu Marriage Act.

Documents required:The following are the documents an advocate will require in divorce cases pertaining to Conversion:
• Address proof of Husband
• Address proof of wife
• Marriage Certificate
• Four Passport size photographs of Marriage of Husband& Wife
• Evidence showing that there has been formal ceremonial conversion to another religion.
• Statements by witnesses or photographs if any, justifying the conversion of the other spouse.
• Conversion certificate.
• Proofs that the person wasn’t under any undue influence to get converted to another religion i.e. it was willful conversion
• Evidence showing that it has not been done to marry another person and the person has complete faith in the religion he has converted himself to.
Hence, these are the required documents in divorce cases on the ground of conversion of one spouse to another religion.

8. Venereal disease in communicable form: Section 13(1) (v) states that if the person has been suffering from venereal disease in a communicable form then the petitioner can file a divorce.The disease should not be contracted by the petitioner. Under section 23(1) (a) the court has to be satisfied that petitioner is not trying to hide his own wrong by filing a petition against the respondent. If the disease was actually transferred from petitioner to him, then he cannot seek divorce under this ground. In order to get a divorce on this ground one must prove that the venereal disease in question is in a communicable form. The petitioner should prove that the respondent has been suffering from the disease for the last three years. Legislature seeks to protect the other party by giving three year limitation in order to discourage premature filing of divorce, if the disease can be cured by medical treatment.

Documents required:The following are the documents an advocate will require in divorce cases pertaining to Venereal Disease in communicable form:
• Address proof of Husband
• Address proof of wife
• Marriage Certificate to show they have been married for three years and the disease hasn’t been cured.
• Four Passport size photographs of Marriage of Husband& Wife
• Medical Certificate of respondent to prove that he/she had venereal disease which could be communicated to the other spouse or the child.
• Medical certificate of the petitioner at the time of marriage to prove that she/he didn’t have the disease and isn’t trying to hide their mistakes by blaming the other person of the same thing.
Hence, these are the required documents in divorce cases on the ground of the spouse suffering from venereal disease in a communicable form.

9. Entering new religious order: Just like conversion, renunciation also provides wonderful opportunity for collusive divorce. According to Sec 13(vi), if either of the spouses enters into any religious order by renouncing the world, then it becomes a sufficient ground for divorce in India. It is only Hindu law which permits divorce on this ground. For divorce on this ground, two conditions must be satisfied:
(1) The respondent must have renounced the worldly affairs;
(2) He/she must have entered into a religious order recognized by Hindu law.
This ground is provided because it wouldn’t prove to be a great idea, when one spouse has completely withdrawn himself or herself from the obligations of a marital relationship. It is considered as the civil death of that person.

Documents Required:The following are the documents an advocate will require in divorce cases pertaining to spouses getting into a new religious order:
• Marriage certificate
• Address proof of husband
• Address proof of wife
• Four passport size photographs of marriage of husband & wife
• Proof as to he/she has renounced the worldly affairs
• Proof of ceremonial performance or observance of certain formalities showing that the person has entered upon a particular religious order
• Proof that the person is not enjoying any comforts of a married life
Hence, these are the required documents in divorce cases on the ground of the spouse entering into a new religious order.

10. Presumption of death:Under Sec 13(vii), a person is presumed to be dead, if he/she has not been heard of as being alive or there is no reason to believe that he is alive, for a period of at least seven years by the petitioner or the persons who would have naturally heard of him/her. The decree obtained under the Hindu Marriage Act would not be a decree of actual death of the missing spouse; it would only be of the presumption of death, as provided underSec. 8 of the Indian Evidence Act, 1872.

Documents Required:The following are the documents an advocate will require in divorce cases pertaining to presumption of death of either spouse.
• Marriage certificate
• Address proof of husband
• Address proof of wife
• Four passport size photographs of marriage of husband & wife
• Proof that the petitioner & his/her relatives have not heard of the missing person since 7 years or more
• Particulars relating to the last date of cohabitation and the place & date where the respondent was last seen
• Proof that an effective search of that person has been made
• Proof of special circumstances if the person wants to prove ‘presumed death’ before lapse of 7 years
Hence, these are the required documents in divorce cases on the ground of presumption of death of either spouse.

11. Non-compliance with the decree of judicial separation: ‘Judicial separation’ means the physical separation between the husband and wife from statutory marriage as ordered by a court of competent jurisdiction.According to Sec 13(1A)(i), either of the spouse can file for a petition of divorce on the ground that there has not been any resumption of cohabitation of the parties to the marriage for a period not less than 1 year after the passing of a decree for judicial separation. ‘Resumption of cohabitation’ means living together in a conjugal relationship. If the couple has sexual intercourse within this period, they are presumed to have resumed their cohabitation. However, isolated acts of sexual intercourse are not considered as resumption of cohabitation, i.e. one or two incidents of having sexual intercourse will not interfere with the period of separation.

Documents Required:The following are the documents an advocate will require in divorce cases pertaining to non-compliance with the decree of judicial separation.
• Marriage certificate
• Address proof of husband
• Address proof of wife
• Four passport size photographs of marriage of husband & wife
• Proof as to there has been no sexual intercourse or resumption of cohabitation between the couple
• Documents showing the date on which decree of judicial separation was passed by the District court or the High Court in appeal, as the case may be
Hence, these are the required documents in divorce cases of non-compliance with the decree of judicial separation.

12. Non-compliance with the decree of restitution of conjugal rights:The concept of restitution of conjugal rights has a constitutional background too, which guarantees personal liberties and equality of status and opportunity to men and women alike and further confers powers on the State to make special provisions for their protection and safeguard.As according to Sec 13(1A)(ii), either of the parties to the marriage can file a petition for divorce on the ground that there was no restitution of conjugal rights within a period of not less than 1 year from the date of the passing of the decree of the restitution of conjugal rights. ‘Restitution of conjugal rights’ means neither the husband or the wife, without reasonable excuse or any other legal ground, withdraws from the society of the other for a period of not less than 1 year.

The foundation of the right of restitution of conjugal rights is based on a fundamental rule- ‘One spouse is at liberty to the society and comfort of the other spouse’. Here the term ‘society’ corresponds to ‘cohabitation’ and ‘withdrawal’ refers to the cessation of that cohabitation and bringing an end to the consortium.

Documents Required: The following are the documents an advocate will require in divorce cases pertaining to non-compliance with the decree of restitution of conjugal rights.

• Marriage certificate
• Address proof of husband
• Address proof of wife
• Four passport size photographs of marriage of husband & wife
• Proof as to either of them have failed to comply with the decree of restitution of conjugal rights
• Proof as to there is ill-treatment towards the other by either of them so as to prevent the other from abiding by the decree.
Hence, these are the required documents in divorce cases of non-compliance with the decree of restitution of conjugal rights.

CONCLUSION
Now you know that there are 12 grounds for divorce in total under which you can file the petition in the court and what documents are required to make the divorce petition valid. Most people have doubts about the documents that are needed to be submitted to the lawyer to prove that his/her case is genuine and valid. There are a number of documents required to prove your case in connection to your ground that even if you want to cheat the court by filing a wrong petition, you cannot do so. So file a valid divorce petition, give valid documents to your lawyer and you can easily win your case.

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