Monday 5 August 2013

Divorce by video conferencing




Ahmedabad: Ahmedabad is seeing an increase in divorces that are going digital. In the last one year, the family court near Income-Tax Circle has disposed of around 50 divorce cases over video-conferencing. 

“In most cases, the families get the youths married with great pomp and show in the traditional manner before they leave for foreign shores. Once they reach abroad, they feel that their partners would not be able to keep up with them. Sometimes, it is a case of marry in haste and repent in leisure. Many decide to cut their losses and get a divorce. 


But lack of leave or the cost of travel prevent people from being physically present in court. This is where the video-conferencing facility comes in handy,” says advocate Prateek Bhatt, who represented 32- year-old Pragnesh Patel, a New Ranip resident now settled in Australia. 

Pragnesh married Krupa, a Ghatlodia resident living in Australia, in 2005. The couple settled abroad and had a son Arth, who is two years old now. Soon, they both began bickering. The fights escalated and one day, Krupa took Arth and returned to India. 

She filed a divorce petition here. As Pragnesh was also ready to give her a divorce, their lawyers approached the family court. On May 29, Pragnesh gave his statement to court through video-conferencing.


 
The depositions were made and the divorce order is expected on June 26. Family court registrar N R Shah said, “We set up the video-conferencing facility a little over a year ago. If one of the applicants lives abroad and cannot appear in court physically, they can submit their statement over the video link. 

After taking down the statement, the court decides whether to proceed ahead with the case.” Senior advocate Bela Joshi, who has represented seven such cases of clients settled in Australia, South Africa, the UK and the US, said, “Videoconferencing is a practical and cost-effective option for couples who agree to get separated legally after mutual understanding that they cannot continue the relationship. 

If a client cannot be present himself, he can hand over the power of attorney to a relative who filed the divorce petition. The court then asks him over video chat to identify his signature and people related to the case. After confirmation, his statement is recorded and his application approved.”
 
An orthodox method would cost no less than Rs 2-3 lakh for the parties involved, besides the hours spent on travel. Earlier, such divorce cases would go on for five years before couples get closure. 

Now, legal separation can be obtained in a year, including the mandatory six-month separation period, said advocate Bhatt. 

Advocate Joshi added, “Video conferencing also helps couples who find it too painful to be in the same room as their partner. It takes away the ‘too busy’ excuse from people who habitually postpone court dates.”
source;http://test.mumbaimirror.com/article/4/201306142013061410170560673827f45/Nonresident-Gujaratis-opt-for-digital-divorces.html

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