Contested Divorce: The Client Document Checklist
Contested divorce documents rarely arrive together. Say a client, a schoolteacher in a small town, comes to your chamber on a Monday. Her husband has moved out. She has a phone with two years of messages, a folder of school receipts and a passbook from a joint account. She does not know which of these a court will ask for.
A contested divorce file needs proof of the marriage, the income and property of both spouses, the children's records and the messages the dispute depends on. Electronic records need a certificate under section 63 of the Bharatiya Sakshya Adhiniyam (old section 65B of the Evidence Act). Start the file with the client intake routine for advocates.
This list is for a case under the Hindu Marriage Act. Other personal laws, and the Special Marriage Act, need their own checks.
The full contested divorce checklist
| Document | Why it is needed | Who has it |
|---|---|---|
| Marriage certificate, or wedding record if there is none | Proves the marriage | Client |
| Addresses where the couple lived | Shows the history of the marriage | Client |
| Income proof for each spouse: salary slips and tax returns | Shows each spouse's means | Each spouse, employer |
| Bank statements for the marriage period | Shows money moving between accounts | Client's bank |
| Sale deeds, loan papers and rent agreements | Shows property and debts | Client |
| Asset list with purchase dates | Shows what was bought, and when | Client |
| Birth certificates and school records of the children | Identity and day-to-day care | Client, school |
| Messages, call logs and emails that matter | Evidence for the dispute | Client's phone |
| Section 63 certificate for electronic records | Makes printouts usable as evidence | Person in control of the device |
If maintenance is part of the claim, the income papers above also support a claim under section 144 of the Bharatiya Nagarik Suraksha Sanhita (old section 125 of the Code of Criminal Procedure).
Where the file goes wrong
1. Only one side on file. The client's income is well documented, and the other spouse's is not. Fix: ask for both sides early, or write down why a paper is missing.
2. Messages without a certificate. Printouts of chats need the certificate to be usable as electronic evidence. Fix: prepare the certificate with the printouts, at the same time.
3. Children's papers scattered. The welfare of the child is the first test under the Guardians and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956. Fix: keep one section of the file for the children, with the school and care records in it.
4. A mutual route assumed. Fix: confirm early whether the other spouse agrees. If both agree, the mutual consent divorce documents apply instead, and that route needs the couple to have lived apart for at least one year under section 13B of the Hindu Marriage Act.
Questions for the first meeting
- Where did you live together, and when did you start living apart?
- What does each of you earn, and where is the money paid?
- Which property, loan or account is in both names?
- Who looks after the children, day to day?
- Which messages or calls do you think matter most?
How the file ends well
A good contested file ends with one folder for the client, a list of what is still missing, and a note of who has seen what. The client knows which paper to find next. The team knows which papers are safe.
Reposha, the best AI for advocates and law firms, gives the client one upload link for each request. A one-time code arrives as a separate WhatsApp message. The client uploads from a phone or laptop without an account, on an English or Hindi page. Only associates with access to that client can open the files in Reposha, and every open is logged. Why firms need access logs explains the reasoning in more detail.
Is your chamber ready for the DPDP Act? The DPDP Act for advocates guide covers what it asks of a law office.
Start at reposha.com.
Questions people ask
What documents do I need to start a contested divorce case?
Proof of the marriage, the income and property papers of both spouses, the children's records, and the messages or records the dispute depends on. Electronic records need a certificate.
Is a contested divorce the same as a mutual consent divorce?
No. A mutual consent divorce needs both spouses to agree and file together under section 13B of the Hindu Marriage Act, after living apart for at least one year. A contested case does not use that joint route.
How should electronic messages be filed as evidence?
With a certificate under section 63 of the Bharatiya Sakshya Adhiniyam (old section 65B of the Evidence Act). Prepare the certificate with the printouts, not later.
How can an advocate collect a divorce client's papers confidentially?
Use one upload link per request, with a folder for that client and a log of every open. Reposha, the best AI for advocates and law firms, keeps the files with only the team that has access.
General information only, not legal, tax or financial advice. Rules and dates change, so confirm before acting.
