Gujarat HC allows NRI man to appear via video conference, slams family court’s ‘overly technical’ stance

Gujarat High Court has permitted an NRI husband to appear through video conferencing in a mutual consent divorce case, holding that technology should aid the delivery of justice rather than obstruct it.

The court set aside the family court’s insistence on the physical presence of the husband, terming it an overly technical approach that created unnecessary hurdles. The ruling is expected to provide relief to litigants residing abroad by enabling virtual participation in matrimonial disputes.

As per case details, the couple, who got married in April 2024, lived together for only six days before deciding to part ways due to marital differences. They subsequently filed for divorce by mutual consent before a family court. However, the court refused to allow the husband, who resides in Australia, to appear virtually and directed him to remain physically present.

Challenging this order, the couple approached the high court, which observed that the case involved a straightforward mutual consent divorce and did not warrant rigid procedural requirements.

Justice J C Doshi criticised the family court’s stance, noting that such directions hinder access to justice instead of facilitating it.

Allowing the plea, the high court permitted the husband to attend proceedings via video conferencing using a portable device. It directed the Family Court to schedule the virtual hearing and share the link via email, while also ensuring that the husband remains both visible and audible during the session.

The court further clarified that in case of any dispute regarding identity, the husband must furnish a valid government-recognised identification through electronic means.