Documents Required for Mutual Consent Divorce in Mumbai
The documents required for filing a mutual consent divorce petition before the Family Court in Mumbai may vary depending upon the facts of each case, but the following documents are generally required:
- Marriage Proof
The court must be satisfied that a valid marriage exists. The following documents are commonly accepted:
- Marriage Registration Certificate (preferred)
- Marriage Invitation Card (if registration certificate is unavailable)
- Wedding Photographs
- Affidavit regarding marriage, if necessary
- Identity Proof of Both Spouses
Any one of the following:
- Aadhaar Card
- PAN Card
- Passport
- Voter ID Card
- Driving Licence
- Address Proof of Both Parties
Documents may include:
- Aadhaar Card
- Passport
- Electricity Bill
- Telephone Bill
- Rental Agreement
- Property Tax Receipt
- Bank Passbook showing current address
- Passport-Size Photographs
Generally, the following are required:
- Four to six recent passport-size photographs of the husband
- Four to six recent passport-size photographs of the wife
- Joint Mutual Consent Petition
The following documents are prepared by the advocate:
- Petition under the applicable law (e.g., Hindu Marriage Act or Special Marriage Act)
- Affidavits of both parties
- Vakalatnama
- Verification and supporting applications, if any
- Memorandum of Understanding (Settlement Agreement)
A detailed settlement agreement should cover:
Financial Settlement
- Permanent alimony, if any
- Maintenance of spouse
- Payment schedule
Child Matters
- Child custody arrangements
- Visitation rights
- Educational expenses
- Medical expenses
Property Issues
- Division of movable and immovable properties
- Return of jewellery and stridhan
- Bank accounts and investments
- Outstanding loans and liabilities
- Income Documents (Where Alimony Is Involved)
The Family Court may require:
- Income Tax Returns for the last 2–3 years
- Salary slips
- Form 16
- Bank statements
- Business accounts and financial statements
- Details of investments and insurance policies
- Child-Related Documents (If Applicable)
Where children are involved, the following may be required:
- Birth Certificate of the child
- School records
- Medical records, if relevant
- Custody and maintenance arrangements
- Documents Relating to Pending Cases
If any litigation is pending between the parties, copies of the following should be kept ready:
- Proceedings under Section 498A IPC/BNS provisions
- Domestic Violence Act cases
- Maintenance proceedings under Section 125 CrPC or BNSS
- Restitution of Conjugal Rights petitions
- Civil suits or property disputes
- Additional Documents in NRI Cases
For NRI spouses, additional documents may include:
- Passport copies
- Visa documents
- Overseas address proof
- Power of Attorney, if applicable
- OCI or PIO Card copies
Practical Checklist for Mutual Divorce in Mumbai
✓ Marriage Certificate
✓ Wedding Card
✓ Wedding Photographs
✓ Aadhaar Card of Husband and Wife
✓ PAN Cards
✓ Address Proofs
✓ Passport-Size Photographs
✓ Settlement Agreement (MoU)
✓ Income Documents (if maintenance/alimony is involved)
✓ Children’s Birth Certificates (if applicable)
✓ Copies of pending cases (if any)
✓ Original documents for verification before the Family Court
Special Note for Mumbai Family Courts
The principal Family Court at Family Court, Bandra Kurla Complex generally requires parties to carry original documents during the First Motion and Second Motion hearings for verification by the court registry and the presiding judge. Proper documentation helps avoid delays and objections at the filing stage.