Video Conferencing is Valid. A similar case happened 10 years ago in Chennai where the second motion in Mutual Consent of Divorce happened through Video Conferencing and Divorce was granted to the couple.

Hello,

If the documents are prepared and the application for appearance through SKYPE is allowed then in that case the matter will be finalized on the said date.

you must trust your lawyer. Rest please confirm the procedure with some local lawyer once.

regards

1)  virtual  presence through Skype is sufficient if wife is unable to come to India to attend second hearing of divorce petition 

2) the affidavit to be filed by wife can be attested before Indian consulate 

3) wife can execute POA in favour of father or mother have it attested before Indiana consulate to appear on her behalf 

4) court would pass orders for dissolution of marriage 

First of all, how come MCD is filed in high Court? It is family court matter. 

I have serious doubt your lawyer is bluffing you. So kindly check

A mcd case gets finalised at the time of the second motion. Now she is not in India. You may request for an adjournment. The court may grant it.

A mcd through a video conferencing is possible the application has to be filed and if the judge thinks fit and the other party too gives an application for the same it may be heard.

Regards 

Hi,

In some cases, when parties are unable to appear in court personally, the cases are heard through the medium of video conferences. You are suggested to confirm whether this facility is available in that court. If not, take a suitable date for next hearing.

Hi,

It depends on the activities of the lawyer and it is possible that the said work takes 01 or 02 days for preparation and then sending it to concerned consulate. The whole process may be completed in about 20 days of lesser if the parties are taking interest to complete the same. She may be talked through the medium of video conferencing in court. It is quite possible that some from her family be present in court and affirm her views to do the needful in least possible time.  

Yes her lawyer should be present at the time of adjournment so that the judge believes that she hasn't backed off as females generally do in mcd cases.

The time depends upon your lawyer and the other country's processing time. 

Regards 

It should not take more than 15 days 

2) POA presence is necessary in family court during second motion 

3) for adjournment application Lawyer presence is  sufficient 

1. Well, though video conferencing is permissible in India but in most of the courts due to lack of infrastructure and Rules is not allowed as yet.

2. So apart from getting the affidavit fetched  in India which requires only notarisation and not attested from Indian Consulate the court needs to first permit the video conferencing. 

3. If it is allowed then only personal presence of your wife can be dispensed with, else not. 

Preparation of the affidavit may at best take a day or two. If sent by an international courier of repute, it may reach the destination in a week's time. The process of getting it signed and returning it to India may involve about six-eight weeks, thereafter. There is no need for anyone except her counsel to be present at May 17 hearing.

Dear sir

For mutual consent divorce it is in discretion of the court to allow statement through video conferencing or not. The court can also permit the hearing through close relation of the  such as parent or siblings where the party is unable to join the hearing in person for just and valid reason. That may satisfy the court in the interest of justice

1. If the Court grants leave for appearance through Skype for the 2nd motuin, then the order shall have to be carried out and decree of divorce will be passed by the Court.

2. The Court will keep on adjourning the date of hearing of the 2nd motion till both the parties appear before it to confirm that they are still willing to terminate their matrimonial relation ship or 18 months which ever is earlier.

1. The copy of the affidavit shall have to be sent to her for her taking it to the appropriate officer of the local Indian Consulate for notarising her signature to be appended before him.

2. The said notarised affidavit shall have to be returned to her lawyer in India who will get it validated by putting stamp by the local Collector and then file it before the Court.

3. The whole process can be over within 15/20 days if carried out expeditiously.

The MCD case no doubt will be dismissed if it cannot be disposed within 18 months from the date of filing.

However the procedure what her lawyer states is an acceptable one and as the 18 months period is not yet over, there is nothing to be worried about it. 

The examination of witness through skype is permissible and allowed.

The time taken for the  process for getting the affidavit and other formalities cannot be predicted since it involves travelling time for the affidavit to be sent by post or courier service and the availability of the authorities to sign the papers that side etc.

If her lawyer appears before court and expresses the position and reason, then the parties presence may be waived by court.

It can be completed through skype.  There is no issue if there is mutual consent. Only the court should be given written application in the same

Didn't your lawyer guide you on this point?

Just check if an application has to be filed to get her connected through webcam.

Regards 

G.Rajaganapathy