The Madras High Court, in a significant move to streamline matrimonial proceedings, has framed comprehensive procedural guidelines directing Family Courts across Tamil Nadu not to mandate the physical appearance of parties, particularly those residing abroad, in petitions for divorce by mutual consent.

The Court’s intervention comes as a relief to numerous litigants who faced procedural hurdles despite the availability of digital infrastructure.

Arguments Advanced by Counsel

Advocate Mr. Rahul Jagannathan, appearing for the lead petitioners, vehemently challenged the rigid practices currently adopted by Family Courts. He contended that the insistence on physical presence at every stage of the proceedings was not only archaic but also fundamentally contrary to established law.

The primary submissions raised by the counsel included:

• Non-Utilization of VC Facilities: Despite the judiciary making Video Conferencing (VC) facilities available, Family Courts have been reluctant to adopt these procedures, causing unnecessary delays.
• Procedural Hardship for Litigants & Advocates: The mandatory requirement for physical appearance for every hearing makes it nearly impossible for overseas or outstation litigants to attend, while simultaneously hampering the ability of advocates to conduct cases efficiently.
• Barriers to Documentation: The insistence on physical signatures and personal endorsements for receiving paperwork significantly diminishes the role of the legal counsel and complicates the litigation process.
• Disregard for Statutory Provisions: It was argued that the Family Courts were failing to adhere to the spirit and letter of the Family Courts Act, 1984, which encourages simplified procedures.
• Refusal to Recognize Power of Attorney (PoA): Counsel highlighted that trial courts were frequently refusing to allow PoA holders to represent parties, even when legally permissible.
• Inaccessibility of Justice: Mr. Rahul Jagannathan submitted that by making procedures “extremely stringent,” the Family Courts were inadvertently creating barriers to justice for the very litigants the Act sought to protect.

Integration of New Criminal Laws & Precedents

Mr. Jagannathan further took the Court through a combined reading of the Family Courts Act, 1984, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and various landmark judgments of the Supreme Court. He argued that the current restrictive procedures adopted by the lower courts were in direct conflict with the evolving legal landscape and the Supreme Court’s directives on the use of technology in the judiciary.

Court’s Observations and Directions

Accepting the contentions raised by Mr. Rahul Jagannathan, the High Court noted that the procedure adopted by the Family Courts was indeed contrary to law and modern judicial practices.

Allowing the revision petitions, the Court framed a set of guidelines specifically tailored for mutual consent petitions where parties reside in foreign countries. These guidelines aim to ensure that:

1.   Virtual Attendance is Prioritized: Use of video conferencing shall be the norm rather than the exception for overseas litigants.
2.   Recognition of PoA: Power of Attorney holders shall be permitted to present petitions and fulfil procedural formalities as per law.
3.   Streamlined Documentation: The Court directed a shift away from requiring physical endorsements where digital or counsel-led verification is feasible.

The ruling is expected to significantly reduce the financial and logistical burden on the NRI community and ensure a more empathetic, technology-driven approach to matrimonial disputes.

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