Ahmedabad: In an important order, the Gujarat high court has directed a family court to conduct conciliation proceedings online in a mutual consent divorce case, allowing an NRI husband living in the US to avoid travelling to India solely for that purpose. The case involved a couple who married in April 2024 and lived together for only six days before the husband returned to the US. The couple remained in touch through video calls and WhatsApp, but their differences grew over time.They later decided to part ways and filed a divorce petition under Section 13B of the Hindu Marriage Act, stating that the marriage had not been consummated. Since the Family Courts Act requires conciliation proceedings in such matters, the husband moved an application through his power of attorney holder seeking exemption from personal appearance and permission to join the process through video conferencing. He told the family court that he was unable to leave the US and travel to India at present. In Nov 2025, the family court rejected his request, holding that participation in conciliation proceedings through video conferencing would not amount to effective participation. The husband then challenged the order before the Gujarat high court. Referring to a Supreme Court ruling on the use of technology in judicial proceedings, the high court said video conferencing offers a cost-effective and efficient alternative and should be adopted to facilitate access to justice. The HC said, “Videoconferencing is a technological facility which enables persons situated at different locations to conduct face-to-face meetings. The said technology is extensively used across the world. In fact, the use of videoconferencing ensures that judicial proceedings are conducted efficiently and without unnecessary delay, thereby facilitating the expeditious disposal of matters in appropriate circumstances. Compelling petitioner No. 2 (husband) to travel from abroad solely to participate in the conciliation proceedings would be both unfair and unreasonable.” The HC quashed the family court’s order and directed it “to proceed with the petition under Section 13B of the Hindu Marriage Act, permitting petitioner No. 2 to participate in the conciliation proceedings via video conferencing”.
