Don’t insist on physical appearance in mutual consent divorce: Madras HC

CHENNAI: The Madras High Court held that the family court should not insist on the physical presence of the couple who filed a mutual consent divorce petition and allowed the parties to conduct the case through power of attorney.

Justice M Nirmal Kumar wrote parties can appear virtually to verify the proof affidavit and other documents produced for the court’s satisfaction. Recording the presence, the court can pass orders without insisting on the physical presence of the couple when presenting the petition at the first instance and continue for future hearings.

A power of attorney representing the parties shall present the petition with relevant documents annexed, materials and proof affidavit required for the case in physical form, held the judge while allowing a petition moved by the petitioner seeking to direct the family court in Chennai to number her divorce petition without insisting her presence.

A US-based couple submitted that the marital relationship among them had soured and wanted to dissolve their marriage amicably. A family court in Chennai insisted the couple appear in the court proceedings without numbering their divorce petition. Since they could not pass the visa clearance, they sought the High Court to direct the family court to commence the proceedings.

After hearing the petitioner, the judge wrote that most mutual consent divorce petitions are kept in abeyance or stalled due to the non-appearance of the parties in person. The judge held that their presence should not be insisted upon to prevent such difficulty faced by the parties, who have decided to part ways and start a fresh life.

Further, the judge also directed the family court to permit the power of attorney of the parties and dissolve the marriage by granting divorce to the petitioner within two months.