Thane Court Grants Divorce via Video Conference to Canada-Based Couple
A Thane court has set a notable precedent by granting divorce by mutual consent to a couple residing in Canada, conducting the entire legal proceedings through video conferencing. This innovative approach facilitated the overseas residents in navigating the Indian legal system without the need for physical presence, highlighting the judiciary's adaptation to modern technology.
Court Proceedings and Judicial Decision
District Judge R S Bhakare presided over the case, which was finalized on Monday. The judge emphasized that the divorce was "just and proper" based on the voluntary petition submitted by both parties. The proceedings spanned over seven months, culminating in the dissolution of the marriage through a formal decree of divorce.
Key details of the case include:
- The petitioners are a 31-year-old service professional and a 24-year-old woman, both living in different parts of Ontario, Canada.
- They were married on March 9, 2022, in the Mira Road area of Thane.
- Following irreconcilable differences, they began living separately from December 10, 2023.
- The divorce petition was filed on June 18, 2025, under the provisions of the Special Marriage Act.
Legal Process and Virtual Testimony
Given their residence outside India, the couple initiated the proceedings through a power of attorney. After the mandatory six-month waiting period, they appeared before the court virtually to confirm their unwavering decision to part ways. Judge Bhakare reviewed the evidence, which included affidavits and virtual testimony, before granting the divorce.
The court noted in its order: "Despite being mediated by a trained mediator, the petitioners are not interested in cohabiting with each other. They have mutually resolved all disputes regarding maintenance and alimony for the past, present, and future. All issues between the petitioners have been settled."
Implications and Broader Context
This case underscores the increasing reliance on digital tools in the Indian judiciary, especially for non-resident Indians seeking legal recourse. By leveraging video conferencing, the court ensured accessibility and efficiency, reducing the logistical burdens often associated with cross-border legal matters. It reflects a progressive step in family law, where technology bridges geographical gaps to deliver justice.
The dissolution of this marriage not only marks the end of a personal chapter for the couple but also serves as a benchmark for future cases involving overseas litigants. As global mobility increases, such technological integrations are likely to become more commonplace in legal systems worldwide.
