Don't insist on personal presence: Bombay High Court to family court

The Bombay High Court on Friday held that a divorce petition can be filed through a Power of Attorney when either of the partners is abroad and unable to be present in court. It also said that family courts should allow recording of consent terms either through Skype or other technology, in such cases.

Justice Bharati Dangre, while setting aside a Pune family court order which insisted on the couple to be present personally for presentation of their divorce case, said, "There are no legal lacunae in filing of the petition through a registered Power of Attorney and the said petition needs to be accepted by setting aside the order of the family court."

The court also directed the family court to use modern technology in carrying out the further proceedings in the case. It said, "In the light of the said legal position, the family court will not insist upon 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, and the proceedings contemplated under section 13-B of the Hindu Marriage Act."

The couple, who got married in 2002, decided to part ways and have been residing separately since 2016. Since, there is no cohabitation between the parties and in spite of reconciliation between the parties, the marriage has failed and there are no further chances of reconciliation between the parties, anymore.