Bombay HC allows NRI to give divorce nod via Skype

MUMBAI: The Bombay prime courtroom has allowed an NRI to give her consent for a mutual divorce from her estranged husband thru "Skype or any other technology".



Justice Bharati Dangre overturned a circle of relatives courtroom's order refusing to register the US-based woman's petition for divorce at the grounds that she used to be not individually present to document it. The courtroom allowed the woman's father as the ability of lawyer holder to pursue the case instead 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)," stated the prime courtroom. The bench stated the circle of relatives courtroom pass judgement on had merely said that both the husband and wife should remain present to document the petition with out relating to the law or the judgments within the subject.

Justice Dangre referred to another prime courtroom determination allowing online marriage counselling with the assistance 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," stated the pass judgement on.


The couple had got married in Jalgaon in 2002 and used to be residing one at a time since 2016. Last yr, the couple approached the prime courtroom under segment 13B of the Hindu Marriage Act, in quest of divorce via mutual consent.


The provision permits a pair residing one at a time for a yr to manner the circle of relatives courtroom for divorce via mutual consent. The courtroom offers a verdict after ascertaining the "irrevocable breakdown of the marriage with no possibility of any reconciliation". The circle of relatives courtroom rejected their petition at the grounds that the woman used to be not present.


Advocate Samir Vaidya, recommend for the woman, stated she used to be employed in america, and because of employment regulations and rules, she may just not obtain leave to come back individually to document the petition. The suggest cited earlier prime courtroom orders and stated that within the mild of technological construction, it used to be permissible for the circle of relatives courtroom to organize for e-counselling and e-verification via video convention.


Bombay HC allows NRI to give divorce nod via Skype Bombay HC allows NRI to give divorce nod via Skype Reviewed by kailash soni on April 17, 2018 Rating: 5
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