Mumbai, April 17: The Bombay High Court has allowed a Non-Resident Indian (NRI) woman to give her consent for divorce via Skype or any other such video-calling technology. According to a PTI report, judge Bharati Dangre had earlier this month, set aside a city court order refusing to register the US-based woman’s plea because she expressed inability in appearing in person. The woman had then challenged the ruling in the high court.
In her judgment, Justice Dangre also allowed the woman’s father to “act as the holder of the power of attorney” so that he could pursue the case on her behalf. The High Court also instructed the family court to record the woman’s consent for divorce via Skype or any other video-calling technology. “Due to technology and since educated young persons are crossing the borders of India, it is not possible to remain present (to file petitions),” the High Court said.
The court also relied on another ruling that allowed for marriage counselling via webcam. In her order, Justice Dangre said, “There is no legal lacuna in filing 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 in question had been married since 2002 but had been living separately since 2016. The woman later moved to the US. Last year, they had approached the family court for divorce by mutual consent.