| My spouse resides abroad and is unable to travel to Agra for hearings. Can they testify or participate in proceedings through video conferencing? |
Yes, absolutely, and this is a great relief for families where one spouse now lives abroad. Indian courts, including Family Courts, routinely permit evidence and testimony through video conferencing. The Supreme Court recognised the validity of video-recorded and remote evidence in State of Maharashtra v. Praful Desai, and the e-Courts framework has since made virtual appearance a settled, everyday practice rather than a special favour.
For an NRI spouse, this removes the enormous burden of repeated international travel just to record a statement or be cross-examined. The process is straightforward: an application is filed seeking permission for video-conference evidence, and the court fixes the protocol โ verifying the witness's identity, administering the oath, and ensuring no one is coaching the witness off-camera. Cross-examination proceeds exactly as it would in person, with the record duly maintained.
This flexibility cuts both ways and is often used strategically. If you are the resident spouse, it prevents the NRI party from indefinitely delaying the case by claiming they cannot fly down; if you are the NRI, it lets you participate fully without abandoning your job or residence abroad. Our family-law advocates in Agra regularly handle NRI matrimonial matters and can move the video-conferencing application at the right stage of evidence.
So do not let distance make you feel your case is impossible or that you must choose between your livelihood abroad and your rights in India. Video testimony is well-accepted, and a properly drafted application usually secures it without difficulty.
