Dissolution of marriage or divorce is a complete end of marriage bond. In Indian law context for filing a divorce petition is important for the couple to live together for at least one year after marriage.

Under the Hindu Marriage Act, Mutual divorce is state by Section 13-B. In mutual divorce, both parties i.e. husband and wife is mutually agreed and expresses their consent for peaceful separation. The husband and wife have to prearrange the matter relating to alimony and child custody, if any. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the husband and wife. There are only two requirements for filing a mutual divorce, one is mutual consent and other is that they have to live separately for at least one year.

Under the Hindu Marriage Act, In case your spouse is not ready for mutual consent divorce, then as per Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind, Impotency, renouncing the world, etc. Aggrieved party has to take any of the above grounds of divorce and will have to file the case accordingly in the Court of appropriate jurisdiction. Party which files the case has to justify the case with support of evidence and documents. On successfully justifying the case, divorce will be granted and divorce decree will be drawn up accordingly.

Grounds mentioned under Section 13(1) of the Hindu Marriage Act, on which divorce can be obtained if your spouse is not ready for mutual consent.

1. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage by husband and wife is termed as adultery.

2. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mentally or physically facing the problem that causes danger to her/is life, limb, and health. The intangible acts of cruelty i.e. mental torture are not judged upon one single act but a require series of incidents.

3. Desertion – If one of the spouse without any reasonable cause abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

4. Religion Conversion – In case, either of the two converts himself / herself into another religion, the other spouse may file a divorce case based on this ground.

5. Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner is not mentally ill and insanity and therefore it cannot be expected from the couple to stay together.

6. Communicable Diseases and Leprosy – In the case of a spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhoea or a virulent and incurable form of leprosy, a petition can be filed by the other spouse based on this ground.

7. Venereal Disease – If one of the spouses is infected from any serious disease that is easily communicable if sexual intercourse with a person already infected, a divorce can be filed by the other spouse.

8. Renunciation – A spouse is entitled to file for a divorce if the other opt for Sannyasa.

9. Not Heard Alive – If the another person is no news of living or dead for more than a period of seven years, the person is presumed to be dead. The other spouse can file a divorce if he/she is interested in remarriage.

10. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.