Not more than about 4 years ago, in November 2014, an additional family court was set up in Coimbatore to deal with the backlog of pending divorce cases. [i] Since the phenomenon of divorce is so common in the Coimbatore, makes the divorce procedure even easier.
To get a divorce in Coimbatore, contact the top divorce lawyer in Coimbatore. The divorce procedure in Coimbatore is like in any other part of the country.
Hindu Marriage Act, 1955 is the central legislation in India that governs the divorce proceedings for a marriage that was solemnized as per Hindu rites and customs. The process is quite simple. The party that seeks to initiate the process must hire a lawyer and explain to him/her the facts of the entire case. Accordingly a divorce petition needs to be filed in the district family court first. The court will then serve notice of summons upon the opposite party to appear before the court.
If the kind of divorce pleaded for is mutual consent, the couple will first have to satisfy the court of the fact that they have been living separately for the past one year immediately prior to filing of the petition. There need not be any physical separation, if they can prove that even while living under the same roof, they haven’t been living as a husband and wife. After granting a cooling off period which may extend from 6 months to either 18 months, if the differences between the couple are still irreconcilable, the court grants them a divorce, provided neither of the parties has withdrawn his/her consent before the divorce decree is passed.
If the divorce is a contested one, the party claiming the divorce will have the burden of proof to satisfactorily prove to the court the existence of one or more grounds under Section 13(1).
They are as follows:
- Desertion- The party who has filed the divorce petition will have to prove that the other party has left the matrimonial home voluntarily, in effect deserting the former party.
- Adultery- The aggrieved spouse will have to furnish evidence to prove to the court that the other spouse has illicit relations with a third person. Since proving this can be very tough, the burden can be very heavy.
- Insanity- The claiming spouse will have to show that the other spouse is not a mentally sound person.
- Presumption of Death- The other party could claim divorce if his/her spouse has not been heard of by anyone for the past seven years. Under the Indian Evidence Act, the same phenomenon is assumed to lead to the death of the person and death certificate can also be granted on this basis.
- Cruelty- The spouse wanting divorce can plead that the other party has been committing acts of cruelty on him. Also, continuation of the offence of torture is not a pre-requisite. Even a single act of cruelty entitles a person to claim divorce under this provision.
- Conversion- If the other party has ceased to be a Hindu by converting to another religion, it is a valid ground to claim divorce.
- Renunciation- If the other party has renounced the materialistic pursuits of this world.
- Illness- If the other party suffers from a virulent or incurable form of leprosy.
- Unsafe- If the other party is a patient of a venereal disease in communicable form- For example if the spouse suffers from a fatal disease that can be transmitted via intercourse.
While it might be difficult to prove some of the above grounds, proving the rest can be done on a prima facie basis.
In the case of desertion, an alternative to divorce can also be to ask the court to grant restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 or for judicial separation.
But certain conditions need to be satisfied before these alternate remedies can be prayed for.
- The party claiming for the divorce must not have contributed to the guilt of the other party.
- The party claiming the divorce must not have condoned the guilt of the other party.
Therefore, getting a divorce is no rocket science if one is aware of the right rules of the procedure and makes informed decisions.