Video Conferencing in NRI Mutual Divorce Cases: Procedure and Court Permission

When a married couple lives in different countries, travelling to India for every stage of a mutual consent divorce can become difficult. One spouse may work in the USA, while the other lives in Canada. Similarly, both spouses may reside in the UK, Australia, Dubai or another country but prefer to complete their divorce proceedings before an Indian Family Court.

Fortunately, video conferencing can help NRI couples participate in mutual consent divorce proceedings without travelling to India. It can reduce travel expenses, save time and make court proceedings more accessible.

However, video conferencing does not automatically replace every requirement of personal appearance. The Family Court must consider the applicable law, judicial directions, identity verification, consent and the circumstances of the case.

What Is Video Conferencing in an NRI Mutual Divorce Case?

Video conferencing allows a spouse living abroad to communicate with the Indian Family Court through an authorised online hearing facility.

For example, consider a husband who lives in the USA and a wife who lives in Delhi. Both spouses agree to dissolve their marriage through mutual consent. Instead of travelling to India for every hearing, the husband may request permission to join the proceedings online.

Similarly, if both spouses live abroad, they may request the Family Court to record their statements through video conferencing, subject to the court’s permission and applicable procedural requirements.

The court may use video conferencing for purposes such as:

• Recording statements of the spouses.
• Verifying their identity.
• Confirming their free and voluntary consent.
• Facilitating counselling or interaction, where permitted.
• Conducting appropriate hearings.
• Recording evidence, where the court permits the arrangement.

Is Video Conferencing Legally Permitted in Mutual Consent Divorce Cases in India?

Yes. Indian courts have recognised the use of video conferencing in appropriate matrimonial proceedings, including mutual consent divorce matters.

Section 13B of the Hindu Marriage Act, 1955

Section 13B of the Hindu Marriage Act provides for divorce by mutual consent.

Under this provision, the spouses must establish that:

1. They have lived separately for at least one year.
2. They have not been able to live together.
3. They have mutually agreed to dissolve their marriage.

The parties ordinarily file a joint petition before the competent court. Thereafter, they must follow the second-motion procedure under Section 13B(2), subject to the statutory requirements and any applicable judicial order.

The provision requires the court to satisfy itself about the parties’ consent before granting the divorce decree.

However, it does not expressly require every interaction or hearing to take place through physical attendance in every case. Courts may consider appropriate technological arrangements under applicable judicial directions.

Can Both Husband and Wife Attend Mutual Divorce Proceedings from Abroad?

Yes, both spouses may request permission to attend proceedings through video conferencing.

For example:

• Husband lives in the USA.
• Wife lives in the UK.
• Both agree to mutual consent divorce.
• Their marriage took place in Delhi.
• The applicable law gives a Delhi Family Court jurisdiction.

In such circumstances, the parties may approach the competent Delhi Family Court and request virtual participation.

Additionally, they may submit the required applications and supporting documents explaining why physical attendance creates difficulty.

Can an NRI Attend the First Motion Through Video Conferencing?

Yes, an NRI spouse may request permission to attend the first-motion proceedings through video conferencing.

Can an NRI Attend the Second Motion Through Video Conferencing?

Yes, an NRI spouse may also request video conferencing for the second-motion proceedings.

Can the Six-Month Cooling-Off Period Be Waived?

Yes. The Supreme Court recognised the possibility of waiver in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746.

However, the court does not grant waiver automatically.

Procedure for NRI Mutual Divorce Through Video Conferencing

An NRI couple should follow a planned procedure to avoid unnecessary objections and delays.

Check Territorial Jurisdiction

First, the advocate should examine whether the proposed Indian Family Court has jurisdiction.

For a Hindu marriage, Section 19 of the Hindu Marriage Act provides the relevant territorial jurisdiction rules.

The court may have jurisdiction based on:

• Place where the marriage took place.
• Place where the respondent resides.
• Place where the parties last lived together.
• Place where the wife resides when she files the petition.
• Other circumstances covered by the statutory provision.

For example, if the parties married in Delhi and later moved abroad, the place of marriage may provide a jurisdictional connection under Section 19.

However, the parties must establish the relevant facts and identify the competent Delhi Family Court.

Discuss and Finalise the Mutual Settlement

Before filing the petition, both spouses should settle their matrimonial and financial disputes.

Moreover, the parties should ensure that the settlement reflects their genuine and voluntary agreement.

Prepare the Mutual Consent Divorce Petition

The advocate prepares the joint petition under the applicable matrimonial statute.

For a Hindu marriage, the petition generally refers to Section 13B of the Hindu Marriage Act.

Arrange Documents and Identity Verification

The spouses should prepare clear identification documents and other records that the court may require.

Additionally, the court may require the parties to show their original identification documents during the virtual hearing or follow another verification process.

Obtain Court Permission and Attend the Virtual Hearing

After filing the application, the parties should follow the court’s directions.

The court may issue a video conferencing link or direct the parties to join through an authorised platform.

Complete the Second Motion and Obtain the Decree

After the first motion, the parties must follow the statutory procedure for the second motion.

If the court permits video conferencing, the spouses may request virtual participation again.

Can a Power of Attorney Holder Appear Instead of an NRI Spouse?

An NRI spouse may execute a Power of Attorney in favour of a trusted person in India, such as a parent, sibling or another suitable representative.

The POA holder may perform permitted procedural and administrative acts within the authority granted.

However, a Power of Attorney does not automatically replace the spouse’s personal consent or testimony.

This distinction is especially important in mutual consent divorce because the court must satisfy itself that each spouse freely and voluntarily agrees to dissolve the marriage.

Can an NRI Couple Complete Mutual Divorce Without Visiting India?

In appropriate circumstances, an NRI couple may complete significant stages of mutual consent divorce proceedings through video conferencing without travelling to India.

However, the parties should not assume that the court will permit every stage to take place virtually.

The parties should seek permission from the court.

Frequently Asked Questions (FAQs)

Can NRI spouses get mutual consent divorce through video hearing in India?

Yes. NRI spouses may request permission to participate in mutual consent divorce proceedings through video conferencing. However, the Family Court decides whether to allow the request after considering the applicable law and circumstances.

Can both husband and wife attend the first motion online?

Yes, they may request virtual participation. The Delhi High Court’s judgment in Sanjay Singh v. Sukhpal Kaur, CM(M) 486/2022, dated 24 May 2022, provides an example involving spouses who lived and worked in Portugal and sought to participate in first-motion proceedings online.

Can both spouses attend the second motion through video conferencing?

Yes. They may request permission to participate virtually at the second-motion stage. Nevertheless, the court must verify their continuing consent and may impose conditions or require personal appearance.

Can an NRI get mutual divorce without travelling to India?

In appropriate circumstances, a court may permit virtual participation for relevant proceedings. However, no general rule guarantees that every hearing and procedural requirement can take place without physical attendance.

Can a Power of Attorney holder give consent for mutual divorce?

A POA holder cannot automatically substitute the spouse’s personal and continuing consent. The court must satisfy itself that the spouse personally agrees to the divorce. The court may consider permitted representation and video conferencing in appropriate circumstances.

Can an NRI couple file a mutual divorce petition in Delhi if both live abroad?

Yes, if a competent Delhi Family Court has territorial jurisdiction under the applicable matrimonial law. The place of marriage, last shared residence and other statutory grounds may become relevant.

Conclusion

Video conferencing has made mutual consent divorce proceedings more accessible for NRI couples who live and work outside India. It can help spouses participate in first-motion and second-motion proceedings without unnecessary international travel, subject to the court’s permission.

Disclaimer: This article is intended solely for informational and educational purposes. Although reasonable efforts have been made to ensure the accuracy of the information, laws, judicial precedents, and court procedures may change from time to time. Therefore, the content should not be considered legal advice or a replacement for professional legal consultation. Readers are advised to seek guidance from a qualified advocate regarding their specific legal matters before making decisions or initiating any legal proceedings.