Compelling NRI to travel for Conciliation ‘Unreasonable’: HC permits Video Conferencing in Divorce Case

Recently, the Gujarat High Court allowed an NRI husband to participate in conciliation proceedings through video conferencing in a mutual consent divorce case, setting aside a family court’s refusal to permit virtual appearance. In doing so, the Court emphasised the growing role of technology in family law disputes, ensuring that procedural requirements do not become barriers to timely justice for parties residing abroad.

The case stemmed from a marriage where the couple cohabited for barely six days before the husband returned to the United States. Though they remained in contact through digital means, differences soon surfaced, ultimately leading them to file a joint petition for divorce under Section 13B of the Hindu Marriage Act on the ground that the marriage had not been consummated. Since conciliation is a mandatory step in such proceedings, the husband sought exemption from personal appearance and requested permission to participate through video conferencing via his power of attorney holder, citing his inability to travel to India. However, the family court declined the request, observing that virtual participation would not facilitate effective conciliation, which led to the present challenge before the High Court.

The Court found the family court’s approach to be overly rigid and inconsistent with evolving judicial practices. Emphasising the importance of access to justice, the Court observed that “compelling [the husband] to travel from abroad solely to participate in the conciliation proceedings would be both unfair and unreasonable.” It highlighted that video conferencing enables effective interaction and is widely accepted as a legitimate mode of conducting proceedings.

Lastly, while recognising the efficiency and practicality of such technology, the Court set aside the family court’s order and directed that conciliation proceedings be conducted online, allowing the husband to participate remotely.

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