Required Documentation & Evidence for Restitution Cases
For Petitioner
Marriage & Relationship Proof
- Marriage certificate, wedding photos and guest lists to prove lawful marriage.
- Evidence of cohabitation such as shared utility bills, lease or ownership records.
- Joint financial records (bank accounts, shared transactions) demonstrating union.
- Correspondence (emails, messages) that show marital communications and mutual decisions.
Evidence of Withdrawal
- Documented timeline of separation (dates, circumstances and locations).
- Witness statements (family, neighbors) describing departure or abandonment.
- Records of attempts to reconcile (calls, messages asking partner to return).
- Formal notices or legal correspondence, if already exchanged.
Reconciliation Efforts
- Copies of mediation or counseling referrals and attendance records.
- Letters and formal requests demonstrating petitioner’s willingness to reunite.
- Any family intervention documentation or third-party statements supporting reconciliation.
For Respondent (Defense)
Justification for Withdrawal
- Medical certificates, hospital records or psychiatric evaluations supporting safety claims.
- Photographs, police reports or complaint copies indicating cruelty or threats.
- Witness affidavits corroborating harassment, intimidation or unsafe conditions.
Character & Conduct Evidence
- Proof of petitioner’s misconduct: documented infidelity, threats, or criminal records (if any).
- Evidence of substance abuse, financial exploitation, or behavior harmful to family safety.
- Character references from employers, community leaders or clergy.
Alternative Obligations & Incompatibility
- Work contracts, relocation orders, or study admission letters showing legitimate obligations.
- Psychological reports or expert assessments documenting incompatibility or trauma.
- Proof of prior attempts to resolve matters reasonably or legally (e.g., separation agreements).
Expert & Supporting Evidence
Medical & Psychological Proof
- Detailed medical reports, diagnostic records and treatment summaries.
- Psychological evaluations, trauma assessments and expert opinions on mental health.
- Certificates of counseling sessions and recommendations from therapists.
Financial & Property Evidence
- Bank statements, tax returns, salary slips and proof of income to show financial capacity.
- Property deeds, rental agreements and investment statements demonstrating residence or assets.
- Forensic accounting reports (where hidden assets are alleged).
Digital, Communication & Social Proof
- WhatsApp chats, emails, social media posts and call logs with preserved metadata and timelines.
- Photographs, CCTV or video files with contextual timestamps and witness confirmations.
- Chronological timeline document consolidating events, dates and documents for court presentation.
To succeed in restitution proceedings, courts in Mumbai expect clear, verifiable evidence: legal documents,
witness statements, medical and expert reports, and coherent timelines. Well-prepared documentation
accelerates case management and improves judicial outcomes while safeguarding the rights of both parties.
