Published On : Tue, Apr 17th, 2018

NRI Woman Can Give Consent For Divorce Via Skype, Rules Mumbai High Court

Mumbai: The Bombay High Court has allowed an NRI woman to record her consent for a mutual divorce from her estranged husband via Skype or any other video calling technology.

Justice Bharati Dangre, earlier this month, set aside an order of the city’s family court which refused to register the US-based woman’s petition seeking divorce on the ground that she was not physically present to file it. The woman had challenged the family court order’s in the high court. Justice Dangre, in her judgement, permitted the woman’s father to act as the holder of her power of attorney to pursue the case.

The HC judge asked the family court to record the woman’s consent for mutual divorce via online video calling technology like Skype. “Due to globalisation and since educated young persons are crossing the borders of India, it is not possible to remain present (to file petitions),” the HC said. It also relied on another HC decision which permitted marriage counselling with the help of webcam.

“There is no legal lacunae in filing of the petition through a registered power of attorney. The family court will not insist on the presence of the parties before the court and would arrange for the consent terms to be recorded either through Skype or adopting any other technology,” Justice Dangre said in her order. The couple got married in 2002 but had been living separately since 2016. The woman later settled in the US. Last year, they approached the family court seeking divorce by mutual consent.