In a progressive ruling delivered by Justice Neeraj Tiwari of the Allahabad High Court, the court emphasized the necessity of adopting technology to ensure justice is accessible for all. The judgment, delivered on January 20, 2025, allowed petitioner Ankit Agrawal, residing in the United States, to appear virtually in divorce proceedings under Section 13-B of the Hindu Marriage Act, 1955. The case reflects the court’s commitment to adapting procedural practices to the realities of a globalized world.
Case Background
The case, titled Ankit Agrawal v. Smt. Monika Agrawal (Matters Under Article 227 No. 7309 of 2024), arose from marital discord between Ankit and Monika, who were married on July 25, 2015. After relocating to the United States, the couple encountered irreconcilable differences, leading to criminal and domestic violence proceedings. To resolve these disputes amicably, the parties signed a settlement agreement in May 2023, agreeing to file for a mutual divorce in the Family Court of Firozabad.
Ankit, constrained by his employment in the United States, sought exemption from physical presence in the divorce proceedings and requested permission to participate virtually or through his Special Power of Attorney (SPA) holder. However, the Family Court rejected his application on May 16, 2024, prompting him to approach the High Court.
Important Legal Issues
1. Virtual Appearance in Legal Proceedings:
Can litigants residing abroad participate in matrimonial proceedings via video conferencing or through an SPA holder?
2. Genuineness of Consent in Divorce by Mutual Consent:
How should courts ensure the authenticity of the consent of parties seeking divorce under Section 13-B of the Hindu Marriage Act when one party appears virtually?
3. Adaptation of Judicial Processes to Technology:
Should courts utilize technological advancements to facilitate participation in legal proceedings, especially for litigants unable to attend in person due to genuine constraints?
Important Observations of the Court
Justice Neeraj Tiwari referenced significant precedents, including Amardeep Singh v. Harveen Kaur [(2017) 8 SCC 746], where the Supreme Court permitted virtual appearances and flexible procedures for mutual consent divorces. The court observed:
– “Dispensation of justice entails speedy justice and justice rendered with least inconvenience to the parties as well as to the witnesses.”
– “The use of technology, particularly video conferencing, allows courts to ascertain the free will and consent of parties while ensuring procedural requirements are met.”
The court further noted that rejecting virtual participation in such cases would not only be regressive but also unjustly burden litigants with logistical and financial challenges.
Decision of the Court
The High Court set aside the Family Court’s order dated May 16, 2024, allowing Ankit Agrawal to appear through video conferencing or other electronic modes for the divorce proceedings. The court directed the Family Court to verify Ankit’s identity and consent during virtual participation. This ruling reaffirms the judiciary’s commitment to balancing procedural rigor with the flexibility required to address modern realities.
