Divorce through Skype? Yes, Bombay HC shows how
Hailing online communication platforms like Skype as legal medium for granting divorces, the Bombay HC has allowed a US-based woman to give her consent for mutual divorce virtually. A family court had rejected her application, saying she isn't physically present to file the petition. Justice Bharati Dangre overturned it, making the woman's father a proxy party to the legal proceedings in her absence.
Migration plausible reason for not being physically present, notes HC
"Since educated young persons are crossing the borders of India, it's not possible to remain present (to file petitions)," said HC, citing previous court orders where counseling and verification were allowed by video conference. The woman's advocate Samir Vaidya reiterated the same, adding that due to US's employment rules and regulations, she is unable to obtain leave to be physically present for petition filing.
'Family court simply rejected the petition without considering other laws'
The couple, married in 2002 in Jalgaon, approached the court for mutual divorce last year, after living separately since 2016, as is asked by section 13B of the Hindu Marriage Act. The HC noted that the family court simply rejected the petition by stating that both the spouses should be physically present, without even referring to any other laws, judgments or previous cases.
Bombay HC was right. Divorces have been granted through Skype
Bombay HC wasn't wrong. In 2017, two Pune couples were granted divorces through Skype. In May, a Pune civil judge granted divorce to a couple, after both of them consented through Skype. They separated just a month after their love marriage. Next case was in November, when the husband couldn't fly down from US. This couple separated as the husband started suffering from TB.