1.Divorce by the mutual consent:

Mutual Divorce is a legal process of separation, when both the husband and wife want to separate with their own will after marriage, is called at Divorce with Mutual Consent. Contested Divorce or divorce without mutual consent is filed without the prior approval of either of the spouse (husband or wife)

2. Contested Divorce without the mutual consent

Section 13 Of The Hindu Marriage Act

Section 13 of the Hindu Marriage Act explains the situations under which a person can seek contested divorce when the other party is not ready for a divorce with mutual consent.

1. Adultery: Having sexual intercourse outside marriage is termed as adultery and is a valid ground for divorce without mutual consent.

2. Cruelty: Any kind of physical or mental injury that causes fear or belief of fear of death, or health. It is important to note that the mental cruelty is also a valid ground for divorce normally judged as subsequent acts and not a single act. The case of Neelu Kohli vs. Naveen Kohli, AIR 2004 falls into this category. However, the court ruled out the divorce petition in the case of S Hanumanta Rao vs. Ramani, AIR 1999 as a single instance cannot be proven as mental cruelty.

3. Conversion: If one of the spouses converts to another religion, it forms a valid ground for contested divorce.

4. Desertion: If any of the spouses has deserted the other for a period of a minimum of two years, the victim can file for the divorce.

5. Mental disorder: If the spouse contesting for the divorce can prove insanity or mental disorder on the part of the other party, can form a ground for divorce. The case of B.N. Panduranga Shet vs. S.N. Vijayalaxmi, AIR 2003 is a testimony to this ground.

6. Leprosy: The virulent and incurable form of leprosy of the partner can form a valid ground for divorce.

7. Venereal diseases: A serious and sexually transmittable disease like aids which is categorized as venereal disease forms a ground for divorce without mutual consent.

8. Renunciation: If a partner is embracing a religious order by renouncing all the worldly affairs, the other partner can file for divorce.

9. Missing/Has not been heard from: If a partner has been absent from marriage for at least seven years, has not been heard from and there is no evidence of their being alive, the other partner can file for divorce.

10. No resumption of cohabitation: After filing for divorce when the court orders for the couples to continue living jointly if the couple fails to cohabitate, it becomes a ground for divorce.

Basis any of the above grounds, a partner can file for divorce without mutual consent in a family court with the help of a competent lawyer