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I am a lawyer, practicing on the civil side. Having an experience of 32 years on litigation side .
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DIVORCE CONSENT ALLOWED ON SKYPE

The Bombay High Court has allowed an NRI woman to record her consent for a mutual divorce from her estranged husband via Skype or any other video calling technology. Justice Bharati Dangre, earlier this month, set aside an order of the city’s family court which refused to register the US-based woman’s petition seeking divorce on the ground that she was not physically present to file it. The woman had challenged the family court order’s in the high court. Justice Dangre, in her judgement, permitted the woman’s father to act as the holder of her power of attorney to pursue the case. The HC judge asked the family court to record the woman’s consent for mutual divorce via online video calling technology like Skype. “Due to globalisation and since educated young persons are crossing the borders of India, it is not possible to remain present (to file petitions),” the HC said. It also relied on another HC decision which permitted marriage counselling with the help of webcam. “There is no legal lacunae in filing of 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,” Justice Dangre said in her order. The couple got married in 2002 but had been living separately since 2016. The woman later settled in the US. Last year, they approached the family court seeking divorce by mutual consent.

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Divorce In Muslims

Dissolution Of Muslim Marriages Act, 1939

2. Grounds for decree for dissolution of marriage—A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

(i) that the whereabouts of the husband have not been known for a period of four years;

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) that the husband was impotent at the time of the marriage and continues to be so;

(vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years:

Provided that the marriage has not been consummated;

(viii) that the husband treats her with cruelty, that is to say,

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) associates with women of evil repute or leads an infamous life, or

(c) attempts to force her to lead an immoral life, or

(d) disposes of her property or prevents her exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;

(ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law;

Provided that

(a) no decree shall be passed on ground (iii) until the sentence has become final;

(b) a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and

(c) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.