In a new move, Bombay HC allows NRI to give divorce consent via Skype

Mumbai, April 17: In a new move to introduce consent over divorce, 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.

 

Earlier this month, Justice Bharati Dangre 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 orders in the high court.

The court allowed the woman's father as the power of attorney holder to pursue the case in place of his daughter.

"Due to globalization and since educated young persons are crossing the borders of India, it is not possible to remain present (to file petitions)," said the high court. The bench said 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.

Justice Dangre referred to another high court decision permitting online marriage counselling with the help of webcam.

Justice Dangre in her order said, "There are no legal spaces 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.”

The couple who filed for divorce was married in the year 2002 and started living separately since 2016. Later the woman got settled in US in the year 2016. Last year, they approached the family court seeking divorce by mutual consent.