Follow court and advocate instructions for self-attestation and filing copies.
Complete 2026 Matrimonial Filing Guide
Documents Required for Matrimonial Cases in Delhi.
Complete document checklists for major matrimonial proceedings — divorce, custody, maintenance, 498A, domestic violence, transfer petitions, court marriage, NRI divorce and Will drafting.
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Complete Documentation Guide
Better Preparation. Fewer Avoidable Delays.
One of the most common reasons matrimonial cases experience delay is incomplete or improperly prepared documentation.
Whether you are filing divorce, defending a 498A FIR, seeking custody, pursuing maintenance, or registering a marriage, a properly organised document set can make the filing and hearing process much smoother.
How to Read This Guide
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Core / Mandatory Commonly required for the proceeding.
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Situational Required depending on facts, allegations or relief sought.
Important Before You Begin
Four Rules Before You File Anything.
Regional or foreign-language documents may require certified translation.
Foreign records may require apostille or consular authentication before use in India.
Do not surrender original records unless specifically required by the court.
01
Section 13, Hindu Marriage Act / Applicable Personal Law
Contested Divorce
For divorce cases where one spouse files a petition citing specific legal grounds.
Core Documents — Both Petitioner & Respondent
Marriage Certificate
Original or certified copy from SDM / Municipal Corporation / Temple / Church where marriage was registered.
Proof of Identity
Aadhaar Card, Passport, Voter ID, or PAN Card of both parties.
Proof of Current Address
Utility bill, bank statement, rent agreement, or Aadhaar showing current address.
Passport-size Photographs
Recent colour photographs of the petitioner, typically 2–4 copies as directed.
Marriage Photographs
Wedding photographs establishing solemnisation of the marriage.
Wedding Invitation Card
Supporting evidence of the marriage having taken place.
Joint Financial Records
Joint bank accounts, property papers or jointly filed tax records establishing the marital relationship.
Vakalatnama
Authority appointing your advocate to appear and act on your behalf.
Evidence Documents — Based on Ground of Divorce
Medical / Hospital Records
Injury reports, medico-legal certificates and discharge summaries for physical cruelty allegations.
Police Complaints / FIRs
Earlier complaints, NCR entries or FIRs relating to cruelty or domestic violence.
Digital Evidence
WhatsApp messages, emails or recordings with the applicable Section 63 BSA certificate for admissibility.
Witness Affidavits
Statements from neighbours, relatives or colleagues who witnessed relevant incidents.
Desertion Evidence
Letters, emails or records establishing when the spouse left the matrimonial home.
Mental Health Records
Psychiatric evaluation, treatment records or medical certificates where mental disorder is relied upon.
Practice Note
For cruelty grounds, courts look for a consistent pattern rather than isolated incidents. Compile medical records, complaints and correspondence chronologically from the beginning of the marriage.
02
Section 13B, Hindu Marriage Act
Mutual Consent Divorce
For cases where both spouses jointly agree to dissolve the marriage.
Documents Required from Both Parties
Marriage Certificate
Original or certified copy — the cornerstone document of the proceeding.
Identity Proof — Both Spouses
Aadhaar Card, Passport, Voter ID, or PAN Card.
Address Proof — Both Spouses
Current utility bill, bank statement or Aadhaar.
Passport-size Photographs
Recent colour photographs of both parties, typically two each.
Settlement Agreement
Signed terms covering alimony, stridhan, custody, visitation, property division and other agreed issues.
Vakalatnama — Both Parties
Each party authorises their respective advocate.
Children's Birth Certificates
Required where custody terms are part of the settlement.
Property Documents
Relevant where jointly owned property is being divided or transferred.
Practice Note
Cooling-Off Period: The court may provide a six-month period between First and Second Motion. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that this period may be waived where the legal conditions are satisfied.
03
Section 144 BNSS / Sections 24–25 HMA
Maintenance / Alimony
For maintenance applications by wife, children or dependant parents.
Documents for the Claimant
Marriage Certificate
Establishing the marital relationship with the respondent.
Identity & Address Proof
Aadhaar, Passport or Voter ID establishing identity and current residence.
Proof of Financial Need
Bank statements, income-and-expense affidavit and monthly expense estimate.
Children's Birth Certificates
Where maintenance is also claimed for children.
School Fee Receipts
Educational expenses relevant to the quantum claimed for children.
Medical Records & Bills
Evidence of ongoing medical treatment and health-related expenses.
Previous Maintenance Orders
Earlier maintenance orders, if any.
Documents the Respondent May Be Required to Produce
Income Affidavit
Court-directed disclosure of income, assets and liabilities.
Salary Slips
Usually the latest 6–12 months or an employer certificate.
Income Tax Returns
Commonly the previous 2–3 years.
Bank Statements
Statements from relevant accounts showing income and expenditure.
Business / Company Documents
Balance sheet, P&L statement, GST returns and related records for self-employed persons.
Practice Note
Income-tax records and bank statements are important documentary material when courts assess maintenance and alleged concealment of income.
04
Guardians and Wards Act / Hindu Minority & Guardianship Act
Child Custody & Visitation
For contested custody petitions and visitation-right applications.
Core Documents
Child's Birth Certificate
Establishes age, parentage and relationship to both parties.
Marriage Certificate
Establishes the parties' relationship as parents of the child.
Applicant Identity & Address Proof
Aadhaar or Passport showing identity and current residence.
Proof of Residence Stability
Rent agreement or property records showing stable accommodation for the child.
Proof of Financial Capacity
Income records and bank statements.
School Records
Admission documents, progress reports and fee receipts.
Child's Medical Records
Vaccination, treatment or other relevant health documents.
Home Environment Photographs
Material demonstrating the proposed living environment.
Character Witnesses / Affidavits
Teachers, neighbours or relatives able to speak to parenting capacity.
Prior Custody Orders
Any earlier interim or final custody orders.
Practice Note
The welfare of the child is paramount. Documentation should focus on stability, care, education and the child's overall welfare rather than merely attacking the other parent.
05
Cruelty & Dowry Harassment
498A / Section 85 BNS
Documents for both complainants and persons defending a 498A / Section 85 BNS proceeding.
For Complainant — Filing the Case
Marriage Certificate
Proof of the marital relationship.
Identity & Address Proof
Identity documents of the complainant and relevant witnesses.
Medical / MLC Records
Medico-Legal Certificates, hospital records, X-rays or injury documents.
Dowry Articles List
List of articles, ideally supported by photographs, receipts or acknowledgements.
Demand Notes / Letters
Written demands or related correspondence.
WhatsApp / Chat Records
Messages with metadata preserved.
Call Records
Call-detail material where relevant and lawfully obtained.
For Respondent — Defence
Copy of FIR
Foundation document for defence, bail and quashing strategy.
Identity & Address Proof
Required for bail and court appearances.
Counter WhatsApp / Chat Records
Material contradicting allegations or showing surrounding context.
Financial Records
Records relevant to allegations of dowry demand or financial transactions.
CAW Cell / Mediation Records
Earlier counselling or mediation material.
Witness Affidavits
Statements contradicting specific allegations where appropriate.
Settlement Agreement
Relevant where quashing is sought after comprehensive settlement.
Practice Note
For a quashing petition before the Delhi High Court under Section 528 BNSS, additional material may include a certified FIR, chargesheet if filed, prior bail orders and the settlement agreement where quashing is based on settlement.
06
Protection of Women from Domestic Violence Act, 2005
Domestic Violence
For applications seeking protection, residence, monetary and custody relief.
Documents Required
Domestic Incident Report
DIR prepared through the Protection Officer or relevant proceedings before the Magistrate.
Marriage Certificate / Relationship Proof
Evidence of the domestic relationship.
Identity & Address Proof
For the aggrieved woman and relevant children.
Proof of Shared Household
Rent agreement, electricity bill or other material showing co-residence.
Medical Records / MLC
Injury photographs, treatment records or medico-legal documents.
Earlier Police Complaints
Previous complaints showing a continuing pattern where relevant.
Financial Documents
Material relevant to monetary relief and expenses.
Children's Documents
Birth certificates and school records where custody relief is sought.
Property Documents
Title or tenancy records relevant to residence-order claims.
Practice Note
Protection Officers in Delhi assist with Domestic Incident Reports and implementation of orders under the DV Act.
07
Supreme Court of India — Section 25 CPC / Section 446 BNSS
Transfer Petition
For transferring matrimonial cases from a court in one state to a court in another state.
Documents Required for Filing
Certified Copy of Pending Case
Certified plaint / complaint and relevant orders from the transferor court.
Identity & Address Proof
Shows present residence and supports the transfer request.
Proof of Hardship / Residence
Rent agreement, utility bills, Aadhaar or similar material.
Vakalatnama for Advocate on Record
Supreme Court filing requires an Advocate on Record.
Children's Documents
Where young children are relied upon as part of the hardship case.
Medical Records
Where health is relied upon as a transfer ground.
Connected Case Documents
Certified copies of related proceedings sought to be consolidated.
Practice Note
Transfer petitions before the Supreme Court require filing through an Advocate on Record (AOR).
08
Special Marriage Act, 1954 / Hindu Marriage Act Registration
Court Marriage
For civil marriages, inter-faith marriages and registration of existing Hindu marriages.
Special Marriage Act — Both Parties
Proof of Age
Birth Certificate, School Leaving Certificate, Matriculation Certificate, Passport or Aadhaar.
Proof of Identity
Aadhaar, Passport, Voter ID or PAN Card.
Proof of Current Address
One party must satisfy the applicable district-residence requirement before notice.
Passport-size Photographs
Recent photographs of each party.
Three Witnesses
Witnesses with original identity and address proof and photographs.
Divorce Decree
Certified decree where either party was previously divorced.
Death Certificate
Where either party is a widow or widower.
Embassy NOC
For foreign nationals where the relevant authority requires it.
Existing Hindu Marriage — HMA Registration
Proof of Marriage
Invitation card, photographs, priest certificate or other ceremony evidence.
Age & Identity Proof
For both spouses.
Two Witnesses
Identity and address proof of witnesses to the marriage.
Joint Affidavit
Statement confirming the marriage and applicable personal-law facts.
Practice Note
Under the Special Marriage Act, the process includes a statutory notice period before solemnisation where the Act requires it.
09
Cross-Border Matrimonial Disputes
NRI Divorce
For cases involving one or both spouses living abroad and questions concerning foreign decrees.
Documents Required
Marriage Certificate
Indian marriage certificate and foreign certificate where applicable.
Passports of Both Parties
Identity, nationality and travel-history evidence.
Proof of Overseas Residence
Visa, residence permit, overseas licence or utility bills.
Proof of Indian Residence
Address proof of the party approaching Indian courts.
Foreign Divorce Decree
Apostilled or consularised certified copy where already passed.
Apostille / Consularisation
Required for foreign documents according to the source jurisdiction and applicable process.
Children's Documents
Passports and birth certificates where cross-border custody is involved.
Power of Attorney
Notarised and appropriately authenticated POA where the NRI party cannot appear personally.
Property Documents
For matrimonial property situated in India.
Practice Note
A foreign divorce decree is not automatically enforceable in India. Its recognition depends on Indian law and the circumstances in which the decree was obtained.
10
Indian Succession Act, 1925 / Hindu Succession Act, 1956
Will Drafting
Documents and information required for drafting a legally valid Will.
Information & Documents from the Testator
Identity Proof
Aadhaar Card, Passport or PAN Card of the Testator.
Address Proof
Current residential proof of the Testator.
Immovable Property Details
Title deeds, sale deeds, property-tax receipts and property particulars.
Movable Asset Details
Bank accounts, FDs, shares, mutual funds, vehicles and jewellery information.
Beneficiary Details
Full names, relationship and addresses of beneficiaries.
Two Witnesses
Witnesses present at signing who should not be beneficiaries under the Will.
Existing Will
Required where an earlier Will is being reviewed or revoked.
Executor Details
Name, address and details of the proposed executor.
Practice Note
Registration is not mandatory for validity, but the original source recommends registration before the Sub-Registrar as a useful safeguard against future authenticity disputes.
General Filing Discipline
Documentation Best Practices.
Good legal documentation is not only about having the right papers. Organisation, preservation and presentation also matter.
Organise Chronologically
Arrange the document set chronologically with a proper index. It helps the advocate, court registry and judge understand the record quickly.
Preserve Digital Evidence Early
Preserve WhatsApp messages, emails and recordings with metadata intact. Export complete conversations rather than relying only on isolated screenshots.
Never Surrender Originals
Keep originals safely. Courts ordinarily work with copies unless production of an original is specifically directed.
Self-Attest Correctly
Sign required copies correctly as instructed by your advocate or the filing registry so defective copies are not returned.
Translate Foreign Documents
Documents requiring translation should be accompanied by the appropriate certified translation before filing.
Keep Updated Copies
Use recent address proofs, salary slips and bank statements where current financial or residential information is required.
Frequently Asked Questions
Documentation — FAQs.
What is the most important document in a divorce case in Delhi?
The marriage certificate is normally the central documentary proof of the marriage. If the original has been lost, a certified copy may be obtained from the authority that registered the marriage. Where the marriage was not registered, other evidence such as wedding photographs, invitation cards, joint records and witness evidence may become relevant.
What documents are required for mutual consent divorce?
Common documents include the marriage certificate, identity and address proofs of both spouses, photographs, settlement terms, vakalatnamas and, where applicable, children or property documents connected with the settlement.
Can I file a divorce case if my original marriage certificate is lost?
Yes. A certified copy may generally be obtained from the authority that registered the marriage. Where no formal registration exists, other evidence of marriage may need to be placed before the court.
What documents does a claimant need for maintenance?
Common documents include proof of marriage, identity and current residence, material showing financial need, expenses, children's expenses and any available documents concerning the respondent's income.
What documents are needed for court marriage under the Special Marriage Act?
Common requirements include age proof, identity proof, residence proof, photographs, affidavits, witness documents, and where applicable, divorce decrees, death certificates or foreign-national documentation.
Do foreign documents in NRI divorce proceedings need authentication?
Foreign records may require apostille or consular authentication, depending on the issuing jurisdiction and applicable filing requirements. Foreign-language records may also require certified translation.
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