The Bombay High Court has allowed a non-resident Indian to give her consent for a mutual divorce through “Skype or any other technology”, The Times of India reported on Tuesday. Justice Bharati Dangre set aside an order of a family court that refused to register the US-based woman’s petition for divorce on the grounds that she was not present to file it.
The woman had given her father power of attorney in the divorce proceedings. The High Court allowed the father to pursue the case, according to Times Now. “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,” said the High Court.
Justice Dangre also cited another High Court ruling that permitted online marriage counselling with the help of a webcam, reported PTI. “Due to globalisation and since educated young persons are crossing the borders of India, it is not possible to remain present [to file petitions],” Dangre said.
The couple got married in 2002, but have been living separately since 2016. In 2017, the couple approached the Bombay High Court seeking divorce by mutual consent. Samir Vaidya, counsel for the woman, told The Times of India that the woman was unable to obtain leave to visit India and personally file the divorce petition.