NRI Matrimonial Litigation in India: Family Court Proceedings Through Video Conferencing and SPoA
Introduction
Just like marriage, divorce is also a part of society and the legal system. The main purpose of the Constitution is to ensure that no one is denied justice in any situation. Therefore, the judiciary supports necessary changes according to changing circumstances and keeps improving the legal system through its judgments and guidelines to ensure justice. The recent Supreme Court decision allowing divorce proceedings through video conferencing clearly reflects this positive approach. Over time, video conferencing hearings have made matrimonial cases easier by reducing the need for physical presence in court. Although this system has been used in other countries for a long time, it gained wider acceptance in India during the Covid-19 pandemic.
Video conferencing is especially useful in divorce cases between parties who are living abroad and cannot come to India in person. Various cases and judicial decisions show that the Indian judicial system is flexible, evolves with time, and provides modern methods for the easy and effective disposal of non-workable marriages. Indian courts, through various judgements, now allow remote participation through video conferencing, so you can attend hearings from your country of residence. Another option is to appoint a Special Power of Attorney (SPoA) in favour of a trusted relative or lawyer in India who can represent you in court on your behalf.[1]
However, it is noted that for some important parts of the case, such as giving evidence, cross-examination, or final arguments in complex matters, the judge might still require your physical presence in India, depending on the circumstances and the court’s discretion.
Jurisdiction and Powers of a Family Court[2]
Family Court has the same powers as a District Court or a subordinate civil court for deciding family-related matters. Once a Family Court is established for an area, all such family disputes are to be decided by the Family Court itself, and it is treated as a District Court for that purpose. The Family Court can hear cases between husband and wife relating to nullity of marriage, annulment, restitution of conjugal rights, judicial separation, divorce, and disputes regarding the validity of marriage or the marital status of a person. It also has jurisdiction over property disputes between spouses, cases seeking injunctions or orders arising out of a marital relationship, declarations regarding the legitimacy of a person, maintenance claims, and matters relating to guardianship, custody, or visitation of minor children. In addition to civil matters, the Family Court can also exercise the powers of a First Class Magistrate under Chapter IX of the Code of Criminal Procedure for granting maintenance to wife, children, and parents, and it may exercise any other jurisdiction that is conferred on it by any other law. Once a Family Court is established for an area, all family-related civil and maintenance cases fall exclusively within its jurisdiction, other courts and magistrates lose their authority over such matters, and all pending cases of that nature are automatically transferred to the Family Court.[3]
In Family Court proceedings, a party does not have an automatic right to be represented by a lawyer. Unlike other courts, the parties are generally expected to present their case themselves so that the process remains simple and informal. However, if the Family Court feels that legal assistance is necessary for doing justice in a particular case, it may take the help of a legal expert as an amicus curiae to assist the court.[4]
In every case, the first duty of the Family Court is to try to help the parties settle their dispute peacefully, if it is possible considering the nature and circumstances of the case. The Family Court should assist and persuade the parties to reach a settlement instead of immediately deciding the case, and for this purpose it may follow any procedure it finds suitable, as per the rules of the High Court. If at any stage of the proceedings the Family Court feels that there is a reasonable chance of settlement between the parties, it may adjourn the case for some time to allow the parties to make efforts for settlement. This power to adjourn the proceedings for settlement is in addition to the other powers of the Family Court and does not limit them.[5]
Legal Position and Scope of Video Conferencing in Matrimonial and Family Disputes
The law allows the Family Court to adopt its own flexible procedure whenever necessary, especially to help the parties reach a settlement or to find out the truth of the facts in dispute.[6]
Even though video conferencing is usually discouraged in matrimonial cases, the Supreme Court allowed it because of the pandemic, showing that courts can relax normal rules in exceptional situations to ensure justice continues without delay. In matrimonial disputes, courts have shown a practical and flexible approach by allowing video conferencing when circumstances justify it.
In the case of Santhini Vs. Vijaya Venketesh[7], the Court held that in matrimonial matters, especially those involving reconciliation, counselling, and child custody, the physical presence of parties is very important. The Court expressed concern that video conferencing may not maintain confidentiality, may affect reconciliation efforts, and may record sensitive interactions that are not meant to be part of the official court record. In family court cases under the Family Courts Act, 1984, videoconferencing can be used, but only after efforts to settle the dispute in person have failed. Even then, it can be allowed only if both parties give their consent or file a joint application requesting it. However, the Family Court has the discretion to decide whether videoconferencing is appropriate in the circumstances of the case.
In the case of Krishna Veni Nagam v. Harish Nagam[8], the Supreme Court emphasized that where parties live outside the court’s jurisdiction, it is important to ensure safeguards so that justice is not denied. These safeguards include the use of video conferencing for hearings, provision of legal aid for out-of-town litigants, requiring the husband to deposit funds to cover the wife’s travel and lodging costs, and making email or phone communication with the court available. The Court stressed that these measures help reduce hardship, balance the interests of both parties, and allow proceedings to continue efficiently without forcing either party to travel unnecessarily, while still maintaining the fairness and integrity of the judicial process.
In Shiju Joy A. vs. Nisha[9], the Kerala High Court dealt with the problem of long delays in Family Courts caused by poor case management, lack of staff, and routine adjournments, which forced many parties to approach the High Court under Article 227 for early disposal. The Court observed that such delays were causing serious injustice, especially to women, children, and senior citizens, and therefore stressed the need to use technology like video conferencing to reduce hardship and speed up proceedings. The Court directed that Family Courts may allow video conferencing for hearings and for recording evidence, particularly when parties are living far away or when physical presence is not necessary. This use of technology was meant to avoid unnecessary travel, reduce crowding in courts, and ensure quicker disposal of cases while still maintaining fairness and dignity in matrimonial proceedings.
In the case of Anjali Brahmawar Chauhan Vs. Navin Chauhan[10] the Supreme Court noted that due to the COVID-19 pandemic, all courts across the country were functioning only through video conferencing since March 2020. In normal circumstances, the Court would not have ordered video conferencing in matrimonial matters. However, given the extraordinary situation where physical court hearings were not possible, the Court directed the Family Court at Gautam Buddh Nagar to conduct the trial through video conferencing.
In the case of Sumana Paruchuri Vs. Jakka Vinod Kumar Reddy and Ors.[11], the Court allowed video conferencing in a matrimonial dispute, considering the practical difficulties faced by the husband. The husband was living abroad in Bangkok with his minor daughter and elderly mother and could not easily travel to India for court proceedings. Since the case had already reached the stage of recording evidence and his affidavit was filed, the Family Court permitted him to give evidence and face cross-examination through video conferencing. When the wife challenged this decision, the High Court upheld the order, holding that video conferencing is not absolutely barred in matrimonial cases and can be allowed where the facts justify it. The Court observed that Family Courts have the discretion to use technology to avoid delay, reduce hardship, and ensure access to justice, while still protecting privacy through in-camera proceedings and safeguards. Accordingly, the Court found no error in permitting video conferencing and dismissed the wife’s challenge.
Similarly, the Supreme Court has held that once mediation efforts fail, the main matrimonial case may proceed, and a party can be permitted to appear through video conferencing until the court finds physical presence necessary[12]. The Court clarified that such permission depends on judicial discretion and must be decided on the merits of each case. These decisions highlight that technology should be used to advance justice, reduce inconvenience, and ensure timely resolution of family disputes without compromising fairness or judicial control.
Appearance and Participation in Family Court Proceedings Through SpoA
A Special Power of Attorney (SPoA) is a legal document through which a person authorises a specific and trusted individual, usually a close relative, to act on their behalf for limited and clearly defined purposes. In matrimonial and family court matters, SPoA is commonly used by NRIs or persons living outside India who cannot attend court regularly.
Courts generally allow SPoA when the party is living abroad or far away, or the physical appearance causes hardship or expense, or when the case is at the preliminary or procedural stages.
An SPoA is commonly used to handle procedural aspects of the case. Through an SPoA, the authorised person can file petitions and replies, appear before the Family Court, sign pleadings and vakalatnama, seek adjournments, participate in counselling or mediation, receive court notices, and manage routine court work. However, the SPoA holder cannot give personal evidence or face cross-examination in place of the party, as such acts require the party’s own presence, either physically or through video conferencing.
To create an SPoA, the document must be carefully drafted mentioning the details of both parties, the specific case, and the exact powers granted, and if executed outside India, it must be attested by the Indian Embassy or a competent authority and later stamped in India. This is done at the local Collector / Sub-Registrar office. The time limit is usually 3 months from receipt in India.
The SPoA holder files the document with the Family Court, files the Vakalatnama through an advocate, and seeks permission to represent the party through the SPoA.
Courts generally permit representation through SPoA when physical appearance causes hardship, while retaining discretion to require personal appearance whenever necessary, often allowing a combination of SPoA for procedural matters and video conferencing for recording evidence to ensure access to justice without delay.
Conclusion
Non-Resident Indians (NRIs) can get a divorce in India without physically coming to the country, using modern legal options and technology. NRIs can file divorce petitions in the court where the marriage took place, even if they live abroad, and the law allows courts to hear cases through video conferencing, so parties don’t have to travel for every hearing.[13] Video conferencing is an effective tool to support the humane and efficient functioning of Family Courts without compromising the purpose of counselling and mediation. While the parties’ consent is important for conducting proceedings by video conference, it is not the only factor—the court must exercise its judgment to ensure that the process is fair, protects the dignity and rights of the parties, and serves the cause of justice. For mutual consent divorce, the process can be managed largely remotely, with virtual appearances for hearings and minimal physical requirements, saving time, money, and stress. However, in contested cases with complex issues like custody, courts may still require personal appearance at crucial stages.
Another common method is to give a Power of Attorney (PoA) to a trusted person in India (such as a relative or a lawyer) who can represent you in court, file documents, and handle procedural steps on your behalf.
With proper planning, documentation, and legal support, divorce proceedings can be completed from abroad while ensuring the decree is legally recognized in India.
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Written by-
Shraddha Bankey
NFSU, Gandhinagar, Gujarat
Email- gurjarshraddha16@gmal.com
[1] Can I Pursue a Contested Divorce Proceeding Without Coming to India?, LEGAL LIGHT CONSULTING (last visited Jan. 24, 2026), can-i-pursue-a-contested-divorce-proceeding-without-coming-to-india.
[2] The Family Courts Act, 1984, § 7.
[3] The Family Courts Act, 1984, § 8.
[4] The Family Courts Act, 1984, § 13.
[5] The Family Courts Act, 1984, § 9.
[6] The Family Courts Act, 1984, § 10.
[7] Santhini vs. Vijaya Venketesh (09.10.2017 – SC): MANU/SC/1274/2017
[8] Krishna Veni Nagam vs. Harish Nagam (09.03.2017 – SC): MANU/SC/0273/2017
[9] Shiju Joy A. vs. Nisha (23.03.2021 – KERHC): MANU/KE/0773/2021
[10] Anjali Brahmawar Chauhan vs. Navin Chauhan (22.01.2021 – SC): MANU/SC/0036/2021
[11] Sumana Paruchuri vs. Jakka Vinod Kumar Reddy and Ors. (01.03.2024 – TLHC) : MANU/TL/0245/2024
[12] Mohammad Razik Shaik vs. Sufia Sultana Bano Mohammad (14.10.2025 – SC Order): MANU/SCOR/79087/2025
[13] NRI Divorce Without Coming To India: Is It Possible?, ADVMayurg.com (updated 2025), https://advmayurg.com/nri-divorce-without-coming-to-india/ (last visited Jan. 24, 2026).
