Documents & Preparation Required for Divorce & Domestic Violence Cases- Unfortunately many families get broken due to sour marital relations every year due to divorce or domestic violence matters. The concerned person has to approach lawyer for the initiation of legal proceedings in such matters. In many cases the aggrieved person has no idea about the legal provisions, documents required & preparation required for such divorce or domestic violence cases. Many of them belong to rural areas also and hence have to go through many sessions with their lawyers which causes wastage of considerable time for both the lawyers and the aggrieved person and costs extra fees for such litigants too.
In most of the cases, person owing to illiteracy, mental stress or many other causes, forgets to mention the important aspects or the evidences in such matters and hence it affects the merit of the case also or results in loss of time in lengthy procedures to correct such mistakes in the future.
Hence i decided if some Standard Format is adopted by the lawyers or by their clients about the documents & preparation required for the divorce or domestic violence matters, it would save the considerable time and energy of both lawyers and their clients and even the common people would not need to pay the extra charges for prolonged sessions with their lawyers for the basic issues. I believe that information taken in the format given below if used wisely by lawyers would help them to prepare the draft very quickly.
Hence before any person approaches the lawyer for their divorce or domestic violence matters, if they prepare their matter in following format not only their case would be presented before the lawyer in very professional manner but also the chances of error in their matter shall be minimized in addition to saving cost of the prolonged sessions. Also as the following format covers all the aspects in professional manner, they may get the legal opinions about their matter online & without visiting offices of legal professionals also.
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Format to Prepare the Information for Domestic Violence or Divorce Matter-
Hence any person before approaching the lawyer for divorce, domestic violence or matrimonial matter, should keep the following information & documents with them ready-
1) Details of the place, date & time of the marriage
2) Marital condition before the marriage (whether Single, Divorcee Etc)
3) How the marriage took place- Whether through Love Marriage or Arranged Marriage, through Matrimonial Website etc-
Many people make very simple statements like ‘ I married to Mr.A on 26 March 2017 & it was love marriage’. Instead they should give very detailed information as follows-
‘My marriage was a love marriage & was solemnized after the two years of courtship which began in the year 2015 through social networking site Facebook. My husband had approached my parents frequently requesting them for the marriage with me.’
4) The original marriage invitation card
5) Marriage photographs
6) Copy of Marriage Registration Certificate
7) Name and address before the marriage (Only applicable for women)
8) Name and address after the marriage (Only applicable for women)
9) Name of the Husband/Wife, Complete Address, Email, Mobile No., Aadhar Card No.
10) The details of the expenditure of the marriage-
e.g.
‘Though there was no dowry demand from my husband, yet husband and his family asked my family to bear the cost of the marriage and hence accordingly my family did bear all the cost of the engagement, marriage and the collective cost for the same is around Rs.15,00,000/-‘
It is important to keep the record of the expenses through bills of the marriage hall, catering, gifts expenses etc in such circumstances.
11) Details of the domestic violence or mental or physical abuse by the spouse-
i) Avoid general statements-
Many women make simple statement like ‘My husband has been abusing me physically and mentally since past 5 years’.
However instead they should provide the details as follows- e.g.
‘My husband asked my father to gift him a car on 10th day of the marriage and after the inability expressed by my father, he slapped me 3 times before his family members’.
The incidents should be narrated in detail, date wise, if date is not easily traceable then information of the approximate period of such incident should be given.
ii) Most Important- Keep record of Medical & Electronic Evidences-
It is to be noted in cases of physical abuse, it is of utmost importance to keep the evidences like if any medical treatment wass taken after the physical abuse, any disease or permanent injury visible or responsible post such physical abuse or injury, any email conversation, call recording, whats app messages, SMS in which it can be proved or implied that such physical abuse had taken place should be kept ready for submission or reference.
iii) On the contrary the male parties in such matters may also keep the evidences above mentioned for submission or reference.
e.g,
‘I had to visit many places for the business purpose and owing to nature of my business i used to come home late night which was not acceptable to my wife and on many occasions she has hit me, that one of such incident occurred on 28th December 2019 when i came home around 1 a.m., she hit with me metal dish and threatened ‘now i will commit suicide’.
iv) If the exact date is not known- Give approximate information-
If you do not remember the exact date of such incidents then, week of that incident, any religious ceremony or festival or month of the incident should be submitted. Also all the details above mentioned should be submitted to the lawyer in chronological order.
12) Important information for the Maintenance-
Most women think that it is the court and lawyer who decide the amount of the maintenance to be paid, though ultimately court decides the amount, however, the factual details are to be given by the aggrieved woman otherwise many important aspects may be missed by the lawyer or the court while praying or granting such maintenance amount respectively.
Hence following aspects & information must be ready for this purpose-
a. Details of the job or business of the husband,
b. Monthly & annual income of the husband,
c. Financial condition of the husband’s family,
d. Details of the income or property or share in property inherited if any by the husband,
e. Property owned by the husband, residential place, office place, vehicles, ornaments etc.
13) For Claiming The Monthly Maintenance-
Women living separately and especially with kids out of the wedlock should calculate the monthly amount claim for maintenance on following grounds-
a. Number of children,
b. School fees of the children,
c. School dress, shoes, stationery expenditures,
d. Expenditure for the child’s leisure, play and entertainment activities,
e. Expenditures for the activities or special entertainment or activities enjoyed by children while living with his/her father etc.
14) Extremely Important Aspects for Financial Matters-
In our country it is common practice in most of the families that many business are run formally in the name of the women & even she is shown to earn by submitting her income ta return also. However actual control and all income are taken by the male head of the family. Under such circumstances it becomes important to prepare following information-
a. If husband has started the business in the name of wife without giving her any income or giving any actual control?,
b. If answer to the above mentioned question is affirmative then information like name of such firms, cheques issued time to time, name of the bank in which accounts are opened to run such business etc. become extremely important.
15. Procedural Important Documents-
Though the lawyers guide for this issue, yet it is always wise to keep passport sized photos, Aadhar Card, Email Id, Mobile Number details etc. ready for the submission of the case in court.
As above mentioned already, if prepared in format given above, parties to the domestic violence or divorce cases can save their own as well as their lawyer’s considerable time and energy. Also the draft in such matters becomes absolutely error free and person may get many professional advises sending their information in the format above given saving money also. The newly wed women should consider the aspects above mentioned in the mind so that in case, unfortunately if they face any such unjust in future, they would have their all the information ready and balance of justice may go in their favor too & they will not suffer injustice for want of lack of information or evidence.
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan
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