Bombay High Court

IN a landmark verdict, the Bombay High Court allowed an NRI woman to give her consent for a mutual divorce from her alienated husband through “Skype or any other technology”.

Justice Bharati Dangre revoked a Family Court’s order rejecting to register the US-based woman’s petition for divorce on the grounds that she was not personally present to file it. The court allowed the woman’s father as the power of attorney holder to take forward the case in place of his daughter.

The high court while giving the verdict said: “Due to globalization and since educated young persons are crossing the borders of India, it is impossible to remain present (to file petitions).” The bench added that the family court judge had merely stated that both the husband and wife should remain present to file the petition without referring to the law or the judgments in the matter.

In addition, Justice Dangre referred to another high court decision permitting online marriage counseling with the help of a webcam.

“There is no legal gap in the 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,” added the judge.
he couple had got married in Jalgaon in 2002 and was living separately since 2016. Last year, the couple approached the court under Section- 13B of the Hindu Marriage Act, seeking divorce by mutual consent.

The provision allows a couple living separately for a year to approach the family court for divorce by mutual consent. The court gives judgment after ascertaining the “irrevocable breakdown of the marriage with no possibility of any reconciliation”. The family court refused their petition on the grounds that the woman was not present.

Advocate Samir Vaidya, the advocate for the woman, said she was employed in America, and due to employment rules and regulations, she could not get off from work to come personally to file the petition. The advocate cited earlier high court orders and said that in the light of technological development, it was allowed for the family court to arrange for e-counseling and e-verification by video conference.

COURTESY : LAWRATO.COM

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