With so many matrimonial disputes now involving spouses living abroad, a frequent question is whether an NRI spouse can testify via video call in a Lucknow divorce case. Indian courts, including Family Courts in Lucknow, have increasingly accepted video-conferencing as a legitimate mode of recording evidence, following Supreme Court guidance encouraging the use of technology to reduce hardship for litigants residing outside India. An NRI spouse can testify via video call in a Lucknow divorce case provided the court is satisfied that the witness's identity can be verified and the process safeguards the sanctity of oath and cross-examination.

To allow an NRI spouse to testify via video call in a Lucknow divorce case, a formal application is usually required, specifying the practical constraints preventing physical presence — distance, visa restrictions, or work commitments — along with proposed arrangements for a stable, verifiable video link, often coordinated through the Indian consulate or embassy in the NRI spouse's country of residence for identity verification and oath administration. Courts examine such applications on a case-by-case basis, weighing the genuineness of the difficulty against the opposing party's right to effective cross-examination.

Once permitted, recording testimony via video call follows largely the same procedural safeguards as in-person evidence — examination-in-chief, cross-examination, and re-examination are all conducted through the link, with the court or a court-appointed commissioner overseeing the process. This has proven particularly valuable in mutual consent matters where an NRI spouse needs to record their statement for the First or Second Motion without travelling to India each time.

Given that securing video-conferencing permission requires a carefully drafted application addressing the court's verification concerns, professional preparation matters considerably. Reach out via Aapka Le

gal Advice, where retired judges can advise on how to frame such an application persuasively based on precedent. Our Lucknow Lawyers | Aapka Legal Advice regularly secure video-conferencing permissions for NRI clients