Who Files for Divorce? Quick Guide to the Right Party and Process

If you’re wondering who can actually start a divorce case, you’re not alone. Many people assume only one spouse can file, but Indian law is a bit more flexible. Below we break down the basics so you can move forward with confidence.

Who Is Eligible to File?

Both husbands and wives have the legal right to file for divorce. It doesn’t matter who feels the marriage has broken down; either spouse can approach the court. The filing can be based on mutual consent, where both agree to end the marriage, or on specific grounds such as cruelty, desertion, or adultery.

In rare situations, a third party like a relative might file on behalf of a missing or incapacitated spouse. This usually requires a court order proving that the spouse cannot represent themselves and that the relative has a legitimate interest in the case.

For contested divorces—where one partner doesn’t agree—the filing spouse must prove the chosen ground in court. The other spouse can still respond and present their side, but the initial filing power remains with the petitioner.

What Happens After You File?

Once the petition is submitted, the court will issue a notice to the other party. Both sides will then be required to appear for a preliminary hearing. This is where the judge checks if the paperwork is in order and whether any mediation is possible.

If you choose the mutual consent route, both spouses will sign a joint petition and agree on issues like alimony, child custody, and property division. After a mandatory cooling‑off period (usually six months), you can file a second joint petition to finalize the divorce.

For contested cases, the process is longer. You’ll need to gather evidence—police reports, medical records, financial statements—to support your ground. The court may order counseling, interim support, or temporary custody while the case proceeds.

Throughout the process, you can hire a family lawyer or use legal aid services if you qualify. A lawyer will help draft the petition, prepare documents, and represent you in court, which can smooth out many hiccups.

Remember, the key is to be honest about your situation and keep all paperwork organized. Missing documents or false statements can delay the case and increase costs.

In summary, anyone legally married can file for divorce in India, whether it’s the husband, wife, or, in unusual cases, a close relative. Choose the route—mutual consent or contested—that fits your circumstances, gather the right documents, and consider professional help to keep the process as stress‑free as possible.