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Can an NRI spouse testify via video call in a Kanpur divorce case?

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(@Charvi Kohchar)
Joined: 4 weeks ago
[#1460]
My spouse resides abroad and is unable to travel to Kanpur for hearings. Can they testify or participate in proceedings through video conferencing?

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(@advocate-mudit-pratap)
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Joined: 2 months ago

Yes — and this has become standard, settled practice rather than the exception it once was. The Kanpur Family Court, like all courts under the e-Courts framework, regularly permits evidence to be recorded and testimony to be given through video conferencing. The legal foundation comes from the Supreme Court's recognition of video-recorded evidence in State of Maharashtra v. Praful Desai, and the BNSS now expressly recognises audio-visual electronic means for court proceedings under Section 530.

For an NRI spouse — whether they are the petitioner or the respondent — video testimony removes the need for repeated, expensive, and professionally disruptive international travel just to record a statement or face cross-examination. The procedural path is a formal application to the Kanpur Family Court seeking permission for evidence through video conference, setting out the NRI spouse's country of residence and the technical arrangements proposed. On grant of permission, the court fixes the protocol: the witness's identity is verified at the start of each session (often through the Indian Embassy or a designated officer abroad), the oath is administered, the examination and cross-examination proceed on record, and a transcript is prepared. The whole process, once permitted, is treated as equivalent in legal value to in-person testimony.

This works in both directions strategically, which is worth understanding. If you are the resident spouse in Kanpur and your NRI spouse is refusing to appear or is using distance as a tool to delay proceedings, video conferencing removes that excuse — the court can direct testimony through video call and proceed despite physical absence. If you are the NRI, it protects your right to participate fully in proceedings without abandoning your livelihood or immigration status abroad. The NRI matrimonial specialists and family law advocates at the Kanpur panel of Aapka Legal Advice move these video-conferencing applications as a matter of routine and can ensure the technical and procedural requirements are correctly met so the testimony is unimpeachable.

A practical note: ensure the video connection is stable, the witness is alone and uncoached during testimony, and a contemporaneous record is being made. Courts are alert to off-camera coaching, and any suspicion of it weakens the testimony's value.


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