Courts can now use the medium of video conferencing while granting a Mutual Divorce in India and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason.
Parties living far off from the Court can get Mutual Divorce in India via Video Conferencing.
Generally, the physical presence of both the husband and the wife is necessary for the court in cases of mutual divorce in India.
Delhi High Court has held that where the parties are living far away from the jurisdiction of the Court competent to dissolve the marriage, the parties, after filing their affidavits can appoint attorneys to act on their behalf.
It was further held that necessary precaution to prevent fraud being perpetuated should be taken and unless the Court “smells some kind of fraud being played with it, the Court should normally recognize the act of the attorneys”.
The Hon’ble Bombay High Court has also held that due to globalization a number of educated people are going abroad and it is not possible for each of them to remain present before the court and there is nothing illegal in trying to resolve such difficulties by adopting novel and available ways by use of advanced technology.
In a case where the woman’s estranged husband was available in Pune, the woman was unable to personally remain present before the family court for signing and verifying the consent terms in a petition for mutual divorce. This was because she was employed in the United States of America and the terms of her employment did not allow her to return to India when the joint plea was filed in December 2017.
The Hon’ble Bombay High court directed the family court not to insist upon the physical presence of the parties and arrange for verification of the consent terms either through ‘Skype’ or other available technology.
In order to reduce the pendency of the cases and making things easy for the parties and the court; a major step by the Hon’ble Supreme Court is taken for the speedy disposal of matrimonial disputes and has ordered lower courts to use modern technology such as video conferencing in mutual divorce cases in India where both parties are residing in different cities. This facility will not only save time but will also reduce energy and money spent on the litigation.
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