What documents are required to file for legal separation in India?

You must have had many questions about the process of legal separation, like, is the process of legal separation the same as getting a divorce? If you wish to learn about that along with what legal documents are required for filing for a legal separation in India, then you, my friend, are at the right place.

Let’s begin by first explaining what the process of legal separation is. It’s basically a legal process in which a married couple decides to live separately while their legal marriage continues. Now, one thing is clear, i.e., as the name suggests, this process is just living separately without getting a formal divorce. But that paves the road to another question—why? Like, why does one need to live separately? It could be because of a lot of reasons, like “incompatibility” of the partners, or maybe they need to live separately for some future financial planning, or maybe because of their religious beliefs.

Although it’s not a formal divorce, it can be, in various cases, the step that generally takes place before the process of divorce. For filing legal separation, there are certain essential documents that are required to be presented before a family court. These documents present the information, like the facts of the marriage, the grounds for separation, maintenance, child custody, property division, etc.

In India, this process is covered under S.10 of the Hindu Marriage Act, 1955, and S.22 of the Special Marriage Act, 1954. Now, let’s discuss the documents that are required to file for legal separation in India.

Documents required to file for legal separation:

These are the documents that are generally similar to those that are required for a divorce. Let’s discuss each, one by one.

1. Marriage-Related Documents:

These include the Marriage Certificate, which is issued by the Registrar under the Hindu Marriage Act or the Special Marriage Act. It acts as an official proof that the marriage took place. Apart from that, other evidence like wedding invitations, photographs, etc., may be attached in a situation when the marriage certificate isn’t available. The main purpose of all this is to establish the proof of marriage.

The photos of the marriage ceremony are also attached, like the images of the rituals and reception, etc. In the absence of a certificate, these photos help in establishing the validity and the timeline of the marriage.

2. Identity and Address Proof:

Identity proof of both partners is also required to be attached while filing for a legal separation in India. For identity, one can attach a copy of the Aadhar Card, PAN Card, Voter ID, Driving License, etc., and for proof of residence, bills, bank statements, rental agreements, etc., can be attached. Basically, any document that shows the identity and the residential proof of the spouses.

3. Petition and Legal Documents:

A well-draughted petition for judicial separation is another major legal document that is required, and it must state the grounds for separation clearly. It must include information like the personal details of both spouses, facts of the marriage, the reasons for separation, etc.

Another major document is the affidavit of the parties. Simply stated, this document gives the proof that the facts mentioned in the petition are correct and is signed by the party. It may also include the information about any agreement related to alimony, child custody, etc.

4. Proof of Grounds for Legal Separation:

For all the grounds that are cited in the petition for judicial separation, there must be proof attached for each one as well. Let’s discuss a few here. In a case of cruelty, one can show medical reports, evaluations, any police complaint, etc. In cases of adultery, one can attach call records, emails, messages, etc., as proof of the same. Simply stated, for every reason that is told in the petition for getting a legal separation, there must be proof attached as well.

5. Financial and Property Documents:

In situations where the question of maintenance, alimony, or property arises, there are various documents that must be attached. Starting with income proof, which can be shown through the salary slips of both parties, or their Income Tax Returns (ITR), or through bank account statements, etc. Apart from income, the documents related to the assets and property owned by either of the parties are also furnished, like title deeds, vehicle ownership, etc., which allows the court to assess the financial situation of both parties clearly.

6. Documents of Child:

In cases where the custody of a child is also involved, the documents related to the child, like their birth certificates, educational records, medical records, or any custody agreement, are also attached. The ultimate aim is the overall good and well-being of the child.

7. Documents related to Separation:

These are mainly the documents that show that the couple has been living separately, which act as proof. For this, one can put forth documents like separate rental agreements, separate utility bills, etc.

Apart from that, a settlement agreement may also be attached in situations where both partners have already agreed upon things like maintenance, custody of the child, and the division of property, etc. The main aim of attaching this is to prevent any disputes that may arise in the future.

8. Other Legal and Procedural Documents:

Other documents, like the court fee receipt, which is basically the confirmation of the fee paid for filing the petition, are attached. Along with that, the power of attorney is also attached in situations where someone, generally a lawyer, is representing either of the parties in court. The power of attorney is simply an authorisation given by a party to represent them in the court of law.

In conclusion, legal separation, although not explicitly defined in the Indian legal landscape, is generally the first step that is taken by couples who are unsure about concluding their marriage permanently. The knowledge of the required documents is really necessary, even if your ultimate aim is reconciliation or eventual divorce.

Thus, these were the documents that are required to file for a legal separation in India. For filing, one must gather and attach the copies of all these documents and file a petition prepared by a well-versed lawyer. And only then appear in court or attend mediation or counselling, etc. If you are unsure about the process, consider contacting us by clicking on the “Contact Us” option on the website, as our team will surely assist you in Document Drafting, Evidence Compilation and court filing, etc.