Documentation

Documents Required for Divorce & Matrimonial Cases in Delhi | The Matrimonial Lawyers

Documents for Matrimonial Cases in Delhi — Complete 2026 Guide

One of the most common reasons matrimonial cases experience delays is incomplete or improperly prepared documentation. Whether you are filing a divorce petition, opposing a 498A FIR, seeking child custody, or registering a court marriage — the right documents, properly attested and organised, can make the difference between a smooth proceeding and months of avoidable adjournments.

This guide provides court-verified, practitioner-reviewed document checklists for every major matrimonial proceeding handled in Delhi courts. Use the jump links above to navigate directly to the proceeding most relevant to your situation.

Mandatory — court will not proceed without this
Situational / strongly recommended

⚠️ Important Before You Begin

  • All documents filed in court must be self-attested (signed on each page as “True Copy”) unless the court specifically requires notarised copies.
  • Documents in regional languages must be accompanied by a certified English translation.
  • Foreign documents must be apostilled or consularised before being accepted by Indian courts.
  • Always retain original documents — courts work on copies; never surrender originals unless specifically directed by the court.
⚖️

Contested Divorce — Section 13, Hindu Marriage Act / Applicable Personal Law

For divorce cases where one spouse files a petition citing specific legal grounds

Core Documents — Both Petitioner & Respondent

  • Marriage CertificateOriginal or certified copy from Sub-Divisional Magistrate / Municipal Corporation / Temple / Church where marriage was registered
  • Proof of IdentityAadhaar Card, Passport, Voter ID, or PAN Card of both parties
  • Proof of Current AddressUtility bill, bank statement, rent agreement, or Aadhaar showing current address
  • Passport-size PhotographsRecent colour photographs of the petitioner (typically 2–4 copies as directed)
  • Marriage PhotographsWedding photographs establishing solemnisation of the marriage
  • Wedding Invitation CardSupporting evidence of the marriage having taken place
  • Joint Financial RecordsJoint bank accounts, property papers, tax returns filed jointly — establishing the marital relationship
  • VakalatnamaAuthority letter appointing your advocate to appear and act on your behalf

Evidence Documents (Based on Ground of Divorce)

  • Medical / Hospital RecordsFor physical cruelty grounds — injury reports, medico-legal certificates, hospital discharge summaries
  • Police Complaints / FIRsPreviously lodged complaints, NCR entries, FIRs relating to incidents of cruelty or domestic violence
  • Digital EvidenceWhatsApp messages, emails, call recordings (with Section 63 BSA certificate for admissibility)
  • Witness AffidavitsAffidavits from neighbours, family members, or colleagues who witnessed incidents
  • Desertion EvidenceLetters, emails, or other records establishing the date from which the spouse left the matrimonial home
  • Mental Health RecordsFor mental disorder grounds — psychiatric evaluation, hospital records, doctor’s certificates
Tip: For cruelty grounds, courts look for a consistent pattern — not isolated incidents. Compile all medical records, complaint records, and correspondence chronologically from the start of the marriage.
🤝

Mutual Consent Divorce — Section 13B, Hindu Marriage Act

For cases where both spouses jointly agree to dissolve the marriage

Documents Required from Both Parties

  • Marriage CertificateOriginal or certified copy — the cornerstone document of any divorce proceeding
  • Identity Proof — Both SpousesAadhaar Card, Passport, Voter ID, or PAN Card
  • Address Proof — Both SpousesCurrent address proof — utility bill, bank statement, or Aadhaar
  • Passport-size PhotographsRecent colour photographs of both parties (typically 2 each)
  • Settlement Agreement (Draft)Signed agreement covering: alimony / permanent alimony, return of stridhan and dowry articles, child custody and visitation schedule, property division, and any other agreed terms
  • Vakalatnama — Both PartiesEach party authorises their respective advocate
  • Children’s Birth CertificatesRequired if custody terms are included in the settlement agreement
  • Property DocumentsIf any joint property is being divided or transferred as part of the settlement
Cooling-Off Period: The court may grant a 6-month cooling-off period between the First and Second Motion. However, the Supreme Court has held in Amardeep Singh v. Harveen Kaur (2017) that this period may be waived if the court is satisfied that the settlement is fair and the parties have genuinely and voluntarily resolved all disputes.
💰

Maintenance / Alimony — Section 144 BNSS (formerly Section 125 CrPC) / Section 24–25 HMA

For maintenance applications by wife, children, or dependant parents

Documents for the Claimant (Wife / Dependent)

  • Marriage CertificateEstablishing the marital relationship with the respondent
  • Identity & Address ProofAadhaar, Passport, Voter ID — establishing identity and current residence
  • Proof of Financial NeedBank statements (showing negligible or no income), affidavit of income and expenses, monthly expense estimate
  • Children’s Birth CertificatesIf maintenance is sought for children — establishing that the children are from the marriage
  • School Fee Receipts / Educational ExpensesFor children’s maintenance — to establish quantum of their needs
  • Medical Records & BillsAny ongoing medical treatment — to establish health-related financial need
  • Previous Maintenance OrdersAny prior maintenance granted by another court — to avoid double-counting and establish history

Documents the Respondent (Husband) May Be Required to Produce

  • Income AffidavitCourt-mandated affidavit disclosing all sources of income, assets, and liabilities
  • Salary SlipsLast 6–12 months’ salary slips or employer certificate
  • Income Tax Returns (ITR)Last 2–3 years’ ITRs — the most reliable income documentary evidence
  • Bank StatementsLast 12 months’ statements from all accounts — to verify actual income and lifestyle expenses
  • Business/Company DocumentsFor self-employed respondents — balance sheets, P&L statements, GST returns
Note: Courts frequently appoint local commissioners to inspect respondents’ business premises or residences when they suspect concealment of income. Income tax returns and bank statements are the most weight-bearing documents in maintenance quantum determination.
👶

Child Custody & Visitation — Guardians and Wards Act / Hindu Minority & Guardianship Act

For contested custody petitions and visitation right applications

Core Documents

  • Child’s Birth CertificateOriginal or certified copy — establishing the child’s age, parentage, and relationship to both parties
  • Marriage CertificateEstablishing the parties’ relationship as parents of the child
  • Identity & Address Proof — ApplicantAadhaar, Passport — establishing identity and current place of residence
  • Proof of Residence StabilityRent agreement or property documents showing stable accommodation for the child
  • Proof of Financial CapacityIncome documents, bank statements — showing ability to financially provide for the child
  • School RecordsAdmission records, progress reports, fee receipts — showing the child’s current school and educational continuity
  • Child’s Medical RecordsAny ongoing medical treatment, vaccinations, health conditions — relevant to custody suitability assessment
  • Photographs of Home EnvironmentTo demonstrate suitable living conditions for the child
  • Character Witnesses / AffidavitsFrom school teachers, neighbours, or relatives attesting to parenting capacity
  • Prior Custody OrdersAny interim or earlier custody orders already passed by any court
Welfare of Child is Paramount: Courts do not treat custody as a win-lose contest. All documentation should be framed around demonstrating what arrangement best serves the child’s welfare, stability, and educational/social development — not around the other parent’s shortcomings.
🛡️

498A IPC / Section 85 BNS — Cruelty & Dowry Harassment

Documents for both complainants (prosecution) and respondents (defence)

For Complainant (Wife / Family) — Filing the Case

  • Marriage CertificateProof of the marital relationship — without which no 498A proceeding can lie
  • Identity & Address ProofAadhaar, Passport or Voter ID of the complainant and witnesses
  • Medical / MLC RecordsMedico-Legal Certificate, hospital records, X-rays — corroborating physical cruelty or injury
  • Dowry Articles ListWritten list of dowry items given at the time of marriage — signed by both families if possible, or supported by photographs and purchase receipts
  • Demand Notes / LettersWritten demands for additional dowry, notes, or letters from the husband or in-laws
  • WhatsApp / Chat ScreenshotsWith metadata preserved — messages containing threats, demands, or abusive language
  • Call RecordsCDR (Call Detail Records) showing pattern of harassment calls — obtainable from the telecom provider via police

For Respondent (Husband / In-Laws) — Defence

  • Copy of FIRObtained from the concerned police station — the foundation document for any defence strategy
  • Identity & Address ProofAadhaar, Passport — for bail application and court appearances
  • Counter WhatsApp / Chat RecordsMessages showing the wife’s conduct, or contradicting the allegations in the FIR
  • Financial RecordsTo contradict allegations of dowry demand — bank statements showing normal financial transactions
  • CAW Cell / Mediation RecordsEarlier counselling records or mediation proceedings — showing attempts at reconciliation
  • Witness AffidavitsFrom neighbours, relatives, or others who can contradict specific allegations in the FIR
  • Settlement Agreement (if any)For quashing petition — if parties have reached a genuine settlement of all matrimonial disputes
For Quashing Petition: When filing a quashing petition before the Delhi High Court under Section 528 BNSS, you additionally need: a certified copy of the FIR, the chargesheet (if filed), all prior bail orders, and the settlement agreement (if quashing is sought on settlement grounds).
🏠

Domestic Violence — Protection of Women from Domestic Violence Act, 2005

For applications seeking Protection Orders, Residence Orders, Monetary Relief & Custody Orders

Documents Required

  • Domestic Incident Report (DIR)Filed with a Protection Officer or directly before the Magistrate — this is the primary document initiating DV proceedings
  • Marriage Certificate / Proof of RelationshipThe DV Act covers not only wives but also women in live-in relationships — proof of the domestic relationship is essential
  • Identity & Address ProofOf the aggrieved woman and any children covered by the application
  • Proof of Shared HouseholdRent agreement, electricity bill, or other documents showing the parties lived together in the same household
  • Medical Records / MLCFor physical violence — injury photographs, hospital records, Medico-Legal Certificates
  • Police Complaints Previously FiledAny prior complaints — to establish a continuing pattern of domestic violence
  • Financial DocumentsFor monetary relief application — evidence of the respondent’s income and the applicant’s expenses
  • Children’s DocumentsBirth certificates and school records — if interim custody under DV Act is sought
  • Property DocumentsTitle deeds or tenancy agreements — for residence order applications establishing right to shared household
Protection Officers: In Delhi, Protection Officers are appointed by the Social Welfare Department in each district. They assist in preparing the DIR, accompanying the aggrieved woman to court, and ensuring that orders are served and complied with. Their assistance is Online of charge.
🏛️

Transfer Petition — Supreme Court of India (Section 25 CPC / Section 446 BNSS)

For transferring matrimonial cases from courts in one state to courts in another state

Documents Required for Filing

  • Certified Copy of the Case PendingCertified copy of the plaint/complaint + all orders passed in the case sought to be transferred — obtained from the original court
  • Identity & Address ProofOf the petitioner — establishing current place of residence (which is the basis for the transfer prayer)
  • Proof of Hardship / ResidenceRent agreement, utility bills, Aadhaar — establishing that the petitioner resides far from the court where the case is pending
  • Vakalatnama for Advocate on RecordOnly an AOR (Advocate on Record) can file before the Supreme Court — the vakalatnama must be signed in favour of both the AOR and the drafting counsel
  • Children’s DocumentsIf the presence of young children is cited as a hardship ground — birth certificates and documents showing custody/residence
  • Medical RecordsIf medical condition is cited as the ground — treating doctor’s certificate, hospital records
  • Documents Showing Connected CasesIf consolidation of connected cases is sought — certified copies of all related proceedings in the transferee court
Remember: Transfer petitions require an Advocate on Record (AOR) to file before the Supreme Court. Our firm works with empanelled AORs to handle the Supreme Court filing while managing client communication and strategy directly.
💍

Court Marriage — Special Marriage Act, 1954 / Hindu Marriage Act Registration

For registration of marriages under civil law, inter-faith marriages, and registration of existing marriages

Documents Required from Both Parties

  • Proof of AgeBirth Certificate, School Leaving Certificate, Matriculation Certificate, Passport, or Aadhaar — minimum age: Bride 18 years, Groom 21 years
  • Proof of IdentityAadhaar Card, Passport, Voter ID, PAN Card — of both parties
  • Proof of Current AddressOne of the parties must have resided in the district for at least 30 days before the notice is given
  • Passport-size Photographs4 recent colour photographs of each party
  • Three WitnessesThree witnesses with their original identity proof, address proof, and passport-size photographs — must be present at the time of solemnisation
  • Divorce DecreeIf either party was previously married — certified copy of the divorce decree from the court that granted it
  • Death Certificate of Deceased SpouseIf either party is a widow or widower — original death certificate of the deceased spouse
  • NOC from EmbassyFor foreign nationals — No Objection Certificate from their respective embassy confirming they are not already married

For Registration of Existing Hindu Marriages (HMA)

  • Marriage Certificate / Proof of MarriageInvitation card, photographs, priest’s certificate, or any evidence of the religious ceremony
  • Age & Identity ProofOf both spouses
  • Two WitnessesWith identity and address proof — who attended the marriage
  • Joint AffidavitSigned by both parties confirming the marriage took place on the stated date and they are both Hindus (or applicable religion)
Notice Period: Under the Special Marriage Act, a 30-day public notice is given after the application is submitted. During this period, objections may be raised. If no valid objection is received, the marriage is solemnised on the appointed date.
🌐

NRI Divorce — Cross-Border Matrimonial Disputes

For cases involving one or both spouses residing abroad; enforcement of foreign decrees in India

Documents Required

  • Marriage CertificateOriginal Indian marriage certificate — and foreign marriage certificate if the marriage was solemnised abroad (with apostille)
  • Passport of Both PartiesEstablishing identity, nationality, and travel history
  • Proof of Overseas ResidenceVisa, residence permit, overseas driving licence, utility bills — establishing the foreign domicile/residence of the NRI spouse
  • Proof of Indian ResidenceAddress proof in India — for the party approaching Indian courts
  • Foreign Divorce DecreeIf a foreign court has already passed a divorce decree — apostilled or consularised certified copy, with certified English translation if in another language
  • Apostille / Consularisation CertificateAll foreign documents must be apostilled (for Hague Convention countries) or consularised (for non-Convention countries) before Indian courts will accept them
  • Children’s DocumentsPassports, birth certificates — essential if custody across borders is in dispute
  • Power of AttorneyNotarised and apostilled Power of Attorney if the NRI party cannot appear in person in Indian courts — allowing an authorised representative to act on their behalf
  • Property DocumentsFor matrimonial property located in India — title deeds, registration documents
Foreign Decree Enforcement: A foreign divorce decree is not automatically valid in India. It must be examined by Indian courts. Ex-parte foreign divorce decrees (passed without the Indian spouse being served or appearing) are generally not recognised by Indian courts. Our lawyers advise on the enforceability of specific foreign decrees case-by-case.
📜

Will Drafting — Indian Succession Act, 1925 / Hindu Succession Act, 1956

Documents and information required for drafting a legally valid Will

Information & Documents Required from the Testator

  • Identity ProofAadhaar Card, Passport, PAN Card — of the person making the Will (Testator)
  • Address ProofCurrent address proof of the Testator
  • Details of All Immovable PropertyTitle deeds, sale deeds, property tax receipts, colony or society details — for each property to be bequeathed
  • Details of Movable AssetsBank account details, fixed deposits, shares, mutual funds, vehicle RCs, jewellery list — to be specifically mentioned
  • Details of BeneficiariesFull names, relationship to Testator, and addresses of all persons to whom assets are to be bequeathed
  • Two WitnessesTwo witnesses — who must be present at signing and must not be beneficiaries under the Will. Their identity proof is required.
  • Existing Will (if any)If replacing or updating an earlier Will — the existing Will to be reviewed and revoked
  • Details of ExecutorThe person appointed to execute the Will — name, address, and their consent
Registration: While a Will is legally valid without registration, a registered Will is far less susceptible to challenge. We strongly advise registration of all Wills before the Sub-Registrar — which requires the Testator’s personal presence along with the two witnesses on the date of registration.

General Documentation Best Practices

📁

Organise Chronologically

Courts appreciate well-organised document sets. Arrange all documents chronologically with an index — it builds credibility and saves valuable court time.

📷

Preserve Digital Evidence Early

WhatsApp messages, emails, and recordings should be preserved immediately — with metadata intact. Screenshots alone are insufficient; export the chat history in full.

🔒

Never Surrender Originals

Courts work with self-attested copies. Always retain your original documents in a safe location — bank locker or secure storage — and never hand them over without a court direction.

✍️

Self-Attest Correctly

Every page of every document submitted must be signed with the legend “True Copy” and your signature. Unsigned documents are frequently returned by court registries.

🌐

Translate Foreign Documents

Any document not in English or Hindi must be accompanied by a certified translation. Official translations from government-recognised translators carry the most weight.

📋

Keep Updated Copies

Address proof, bank statements, and salary slips should be recent (within 3–6 months of filing). Outdated documents frequently attract court objections and delay filings.

Frequently Asked Questions — Documentation

What is the most important document in a divorce case in Delhi?

The marriage certificate is the single most essential document. Without proving the fact of marriage, no divorce petition can proceed. If the original is lost, obtain a certified copy from the Sub-Divisional Magistrate’s office or the Municipal Corporation of Delhi (MCD), or wherever the marriage was registered. Alternatively, a court can accept proof of marriage through other evidence — wedding photographs, invitation cards, joint bank accounts, and witness affidavits — but this requires legal assistance to present correctly.

What documents are required for mutual consent divorce in Delhi?

The key documents are: original marriage certificate, identity and address proof of both spouses, passport-size photographs of both parties, a jointly signed settlement agreement covering alimony, custody, property, and return of stridhan, and vakalatnamas for both parties’ advocates. If children are involved, their birth certificates and the custody arrangement must be specifically included in the settlement agreement.

Can I file a divorce case if my original marriage certificate is lost?

Yes. You can apply for a certified copy from the office that registered the marriage (SDM office or Municipal Corporation). If the marriage was not registered at all, the fact of marriage can be proved through other evidence — wedding photographs, invitation cards, joint financial records, children’s birth certificates showing both parents’ names, and witness affidavits. A lawyer can advise you on how to frame this evidence effectively for the court.

What documents does the wife need to file a maintenance case?

For a maintenance case under Section 144 BNSS (formerly Section 125 CrPC), the wife needs: marriage certificate, proof of current residence, evidence of her financial need (bank statements, affidavit of expenses), and any available documents showing the husband’s income (salary slips, ITR, bank statements). The court can also direct the husband to disclose his income through an income affidavit, and can appoint commissioners to investigate if it suspects concealment of income.

What documents are needed for court marriage under the Special Marriage Act in Delhi?

Both parties need: original proof of age (birth certificate, school leaving certificate, passport, or Aadhaar), address proof, recent passport-size photographs, and identity proof. Three witnesses must be present with their own identity and address proofs and photographs. If either party was previously married, a certified copy of the divorce decree or the spouse’s death certificate is also required. One party must have resided in Delhi for at least 30 days before the notice is given to the Marriage Officer.

Do I need apostilled documents for NRI divorce proceedings in Indian courts?

Yes. All foreign documents — including foreign marriage certificates, divorce decrees, residence proofs, and Notarised Powers of Attorney — must be apostilled (if the country is a signatory to the Hague Apostille Convention, which includes the USA, UK, UAE, Canada, and Australia) or consularised (for non-Convention countries) before they are accepted by Indian courts. An untranslated foreign language document must also be accompanied by a certified English translation.

Guide written and reviewed by Adv. Aman Chawla, Advocate, Supreme Court of India & Delhi High Court. Last updated: May 2026. Document requirements may vary based on specific facts, the court before which the matter is filed, and any fresh directions issued by the court. Always verify the current requirements with your advocate before filing.

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