In a significant order facilitating access to justice for Non-Resident Indians (NRIs), a Hon’ble Family Court has granted a decree of divorce by mutual consent to a couple residing in Canada through video conferencing.

The Court accepted the plea that physical presence can be dispensed with in matrimonial adjudication when technology allows for seamless interaction, particularly under the enabling provisions of the Family Courts Act, 1984.

Counsel’s Arguments: Embracing Technology in Matrimonial Law

Mr. Rahul Jagannathan, appearing on behalf of the wife, spearheaded the arguments for adopting a digital-first approach. He contended that the rigid requirement of physical appearance should not act as a deterrent to parties seeking an amicable end to their marriage, especially when they are settled abroad.

Mr. Rahul Jagannathan raised the following key legal points to support the maintainability of the petition through virtual means:

• Recognition of Power of Attorney: He submitted that the petitioners had duly engaged a Power of Attorney (PoA) to appear and perform necessary acts on their behalf, ensuring that the legal formalities were met despite their physical absence from the jurisdiction.
• Evidence via Video Conferencing: Highlighting the geographical constraints, the Counsel argued that since both parties reside in Canada, they should be permitted to lead evidence via video conferencing. He emphasized that the sanctity of the statement remains intact whether delivered in person or via a secure digital link.
• Total Settlement of Disputes: It was argued that the parties had already reached a comprehensive settlement regarding all alimony, maintenance, and property issues. Mr. Rahul Jagannathan noted that the parties wished to resolve their differences amicably through mutual consent, leaving no room for further litigation.
• Statutory Powers under Section 11: Central to the argument was Section 11 of the Family Courts Act, 1984. Mr. Rahul Jagannathan argued that the Family Court is empowered to adopt its own procedure and can certainly entertain evidence in mutual consent petitions through video conferencing to meet the ends of justice.

The Court’s View

The Court, after considering the submissions and the practical difficulties faced by the parties in traveling from Canada, observed that the primary objective of the Family Court is to settle disputes speedily.

By invoking its powers to regulate its own procedure, the Court held that modern technology is a valid tool for verifying the “free consent” of the parties. The Court subsequently recorded the statements of the husband and wife via video link, verified their identities through their respective counsels and PoAs, and proceeded to grant the decree of divorce by mutual consent.

“The law must evolve with the times. When parties have settled all their disputes and are residing thousands of miles away, insisting on physical presence would cause undue hardship and delay the process of law.”

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