Divorce without Mutual Consent
In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
Cruelty: Cruelty may be physical or mental cruelty; there is sufficient ground for obtaining divorce due to cruelty by the spouse.
Adultery: In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence
Conversion: Divorce can be sought by a spouse if the other spouse converts to another religion
Mental Disorder: If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought
Communicable Disease: If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.
Renunciation of the World: If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.
Presumption of Death: If the spouse has not been heard of as being alive for a period of at least seven years, who is alive can obtain a judicial decree of divorce