Gujarat High Court allows NRI to join divorce conciliation via video conferencing   - pravasisamwad
March 12, 2026
1 min read

Gujarat High Court allows NRI to join divorce conciliation via video conferencing  

 

The decision may also set a precedent for similar cases involving non-resident Indians who face logistical challenges in attending court hearings in person

PRAVASISAMWAD.COM

In a significant ruling highlighting the growing role of technology in legal proceedings, the Gujarat High Court has allowed an Indian man living in the United States to participate in divorce conciliation hearings through video conferencing rather than appearing in person.

The order came in a mutual consent divorce case involving a couple who had been married in April 2024 but lived together for only six days before the husband returned to the United States.

According to court documents, the couple maintained communication through video calls and messaging platforms after the husband left India. However, their relationship deteriorated over time, and they ultimately decided to separate.

The couple filed a divorce petition under Section 13B of the Hindu Marriage Act, stating that the marriage had not been consummated and both parties agreed to dissolve the relationship.

Under India’s Family Courts Act, conciliation proceedings are mandatory in such cases before the divorce can be finalized. The husband, who resides in the United States, requested permission to attend the proceedings remotely through video conferencing rather than traveling to India.

He filed an application through his power-of-attorney holder stating that he was unable to leave the US due to personal and professional commitments.

However, in November 2025, the family court rejected the request, arguing that remote participation would not amount to effective involvement in the conciliation process.

The husband challenged the decision before the Gujarat High Court.

The High Court overturned the family court’s order, emphasizing that video conferencing has become an accepted technological tool widely used in judicial proceedings across the world

In its ruling, the court observed that modern communication technologies enable participants in different locations to engage in meaningful face-to-face discussions without the need for physical travel.

The court noted that requiring the husband to travel internationally solely to attend conciliation proceedings would be unreasonable and unnecessarily burdensome.

Highlighting previous rulings from the Supreme Court supporting the use of digital technology in legal processes, the High Court directed the family court to allow the husband to participate in the proceedings via video conferencing.

Legal experts say the ruling reflects a broader shift toward integrating digital tools into India’s judicial system to improve efficiency and accessibility.

Shivank S Singh

Shivank S Singh

(The author is a Law Student at Jindal Global Law School. The views expressed are his own.)

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