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Kumaresan Balaguru (store keeper)     02 October 2014

Video call for divorce counselling

Hi all,

 

I am planning for divorce but I am working in abroad. one of the lawyer says just need my presence on filing. After that for counselling he says he will get permission from high court for video conferencing. but this forum says it is not possible.

can you anyone please clarify, is it really possible to have video conferencing for counselling?

Thanks in advance



Learning

 4 Replies

Dr J C Vashista (Advocate)     02 October 2014

It is permissible to have vedio conferencing for counselling. However,  for further proceeding in divorce, your presence is essential.

Tajobsindia (Senior Partner )     02 October 2014

@ Author,


I slightly differ to opinion of ld. brother Dr. J C Vashista


The set law (Criminal / Civil Court as well as Family Court proceedings) are as follows;

 

1. Only evidence may be allowed to be recorded via video conference route.


2. Counseling which are procedures adopted in Family Courts cannot be allowed via video conference route. 
 


[Last reply]

T. Kalaiselvan, Advocate (Advocate)     06 October 2014

If it is a case of Mutual consent divorce, you may have to attend the court on both the occasions, i.e., on first motion and the second motion. however if video conferencing facility is available and has been permitted by the court, it can be availed for second motion. 

Hardeep (Business)     09 October 2014

Pl see here under 

https://www.hindustantimes.com/india-news/mumbai/couples-need-not-attend-court-in-mutual-divorce-hearings/article1-834637.aspx
 
“Though physical presence is not possible, the court can rely on the virtual presence of the parties for verification and confirmation of the mutual consent,” the order stated. The court further added that even marriage counselling could be facilitated “by a virtual presence.”
 
 

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