Divorce in India is governed by the Section 13 of the Hindu Marriage Act, 1955, which provides various legal grounds for dissolution of marriage.
Before filing a divorce petition, it is important to understand the required documents, legal grounds, and checklist to avoid delays or rejection.
Petitioner’s Personal Details
The person filing the divorce petition must provide:
- Full Name
- Parent’s Name
- Age and Date of Birth
- Occupation & Monthly Income
- Present & Permanent Address
- Contact Details
- Religion & Educational Qualification
Respondent’s Details (Spouse)
- Full Name & Age
- Occupation & Income
- Address (Present & Permanent)
- Education & Religion
Marriage Details
- Date and Place of Marriage
- Type of marriage (traditional/registered)
- Marriage certificate (if available)
- Children details (if any)
- Last cohabitation details
- Date of separation
- First marriage status
Grounds for Divorce under Section 13
You can file divorce on the following grounds:
- Cruelty (mental or physical)
- Desertion (minimum 2 years)
- Adultery
- Unsoundness of mind
- Conversion of religion
- Venereal disease
- Renunciation (Sanyasi)
- Missing for 7 years
- Mutual consent (Section 13B)
👉 Proper facts and evidence must be provided for each ground.
Marriage Issues & History
- When problems started
- Specific incidents (with dates)
- Attempts of reconciliation
- Separation details
- Relationship status after separation
Documents & Evidence Required
- Marriage certificate
- Proof of separation
- Photos/videos
- Medical records
- Witness details
- FIR or complaints (if any)
- Counselling/mediation reports
- Communication proof (emails/messages)
- Proof of adultery (if applicable)
Other Legal Proceedings
Mention if any case is pending:
- Section 85 BNS case
- Domestic Violence case
- Maintenance case (Section 144 BNSS)
- Child custody case
- Property dispute
- Previous divorce petition
Children Details (If Any)
- Name and age
- Custody details
- Maintenance requirements
- Education and special needs
Reliefs Claimed
- Divorce decree
- Permanent alimony
- Child custody
- Residence rights
- Return of stridhan/dowry
- Injunction or protection orders
Jurisdiction Details
- Place of marriage
- Last cohabitation place
- Current residence of petitioner
- Court where petition will be filed
Additional Considerations
- Whether mutual or contested divorce
- Chances of settlement
- Health conditions of parties
- Need for restraining orders
Conclusion
Filing a divorce petition under Section 13 of the Hindu Marriage Act requires proper planning, documentation, and legal understanding.
A well-prepared checklist ensures that your case proceeds smoothly without unnecessary delays.
It is always advisable to consult a legal expert before filing a divorce petition.