Madras HC simplifies norms for divorce by mutual consent

Madras HC simplifies norms for divorce by mutual consent

 Sureshkumar.k@timesofindia.com 24.10.2024

Chennai : Unclogging pendency in family courts that insist on personal appearance of parties, especially at the time of filing divorce cases, Madras high court ruled that family courts should not insist on personal presence of parties both during filing and hearings. The court also framed guidelines to be followed by family courts for speedy disposal of matrimonial petitions filed under mutual consent. 

Justice M Nirmal Kumar framed the guidelines since it came to light that a majority of mutual consent petitions are kept in abeyance or stalled due to non-appearance of parties in person for various reasons, including travel restrictions. To obviate such difficulties faced by parties who have decided to part ways and start a fresh life, it has become imperative to frame guidelines, the court said. 

The court then directed that in respect of filing cases, hearing parties, and recording evidence in cases filed under mutual consent, family courts shall not insist on the physical presence of the parties at the time of presenting petitions and further hearings. “Petitions can be filed either by parties directly or by the power of attorney of parties, provided the power of attorney is registered or properly adjudicated,” the judge said. On behalf of the parties, powers of attorney can appear and prosecute. The only embargo is that the recognised agent should not be a legal practitioner, he ad ded. “The parties can be present through virtual mode from their respective places, and the place of location and identity of the person should be confirmed with relevant documents,” the court said. The court added that virtual proceedings provide an opportunity to modernise the system by making it more affordable and citizenfriendly, enabling the aggrieved to access justice from any part of the country in the world. “Thus, the family court should ensure that such a system of conducting the proceedings through video conferencing is put to usage without insisting on the presence of the petitioner even from  the time of first presentation till the conclusion of proceedings. The family court henceforth should not raise technical objections and insist on the physical appearance of parties at any stage,” the bench said.