Divorce by mutual will in India
When one party files for a divorce in the court of law and the other party consents to it, it is known as divorce with mutual consent. Section 13 B of the Hindu Marriage Act recognizes this principle. The grounds under which a plea for a divorce with a mutual will can be filed are as under:
i. If the other spouse has after the solemnization (successful completion of all marriage ceremonies) of marriage has voluntary sexual intercourse with someone other than his spouse
ii. If either of the spouse treats the other spouse with cruelty.
iii. When either of the spouses has deserted the other for a continuous period of not less than two years.
iv. If either of the spouse has ceased to be a Hindu and converted to another religion.
v. When either of the spouses is suffering from a mental disorder to such an extent that the other spouse cannot be reasonably expected to live with the other.
vi. When either of the spouses has been suffering from a virulent or incurable form of leprosy.
vii. When either of the spouses has been suffering from venereal disease in communicable form.
viii. When either of the spouses has renounced the world by entering any religious order.
ix. When either of the spouses has not been heard of as being alive for a period of seven years or more.
Getting a divorce done through is a relatively easier task in India than if only one party had filed for divorce.