Virtual Hearings and AI in Courts: A 2026 Guide for NRI Matrimonial Cases

Fifteen years ago, an NRI fighting a divorce in India had to plan flights around every hearing. Today, technology has quietly changed that. Video conferencing is common, e-filing is normal in most High Courts and family courts, and in June 2026, the Supreme Court released its first set of rules for using artificial intelligence in Indian courts. For NRIs asking “: विदेश से कोर्ट सुनवाई कैसे join karein, NRI divorce online kaise le, Virtual Court Hearings possible hai kya?, अदालत में एआई का उपयोग, transfer petition kya hota hai, power of attorney se divorce ho sakta hai kya, and video conferencing me divorce hearing kaise hoti hai. If you searched any of these, this guide answers them within the current legal position.

Can an NRI attend Indian divorce hearings online?

Often yes, but not as an absolute right. Indian courts increasingly permit video and hybrid hearings, especially where travel from abroad is genuinely difficult, but this remains at the court’s discretion, not on demand. For AI, the Supreme Court’s 2026 draft rules allow AI as an assistive tool for research, translation, transcription, and case management, but prohibit it from adjudicating cases, deciding bail, or assessing credibility. Judges stay in charge.

Why virtual hearings matter for NRIs

Matrimonial cases move slowly, and a single case can involve many hearings over many years. For an NRI, each in-person appearance means expensive flights, time off work, and often a visa or exit constraint on the way back. Virtual and hybrid hearings solve real problems:

• Access to the family court in India from any country
• Fewer adjournments caused by non-appearance
• Lower costs and less stress on families
• Reduced pressure to settle unfairly just to end travel

This shift is especially valuable for NRIs pursuing NRI, international, or OCI divorce, where geography, not merit, often decides the outcome.

When Indian courts allow video appearance (and when they do not)

The current position is best understood as two rulings, one enabling and one guarded.

• Krishna Veni Nagam v. Harish Nagam, (2017) 4 SCC 150. A two-judge Bench encouraged the use of video conferencing so that spouses living far away, including NRIs, would not always need to seek transfer of the case. It suggested that the trial court could make video conferencing available to a distant defendant along with the summons.
• Santhini v. Vijaya Venketesh, (2018) 1 SCC 1. A three-judge Bench led by then Chief Justice Dipak Misra overruled that direction, holding that “in a transfer petition, video conferencing cannot be directed” and that one spouse’s request cannot override the other’s statutory right to in-camera proceedings under Section 11 of the Family Courts Act, 1984. The Court noted the “physical presence of the parties would make a significant difference” during reconciliation.

Where does that leave you today? After the pandemic, e-courts and hybrid hearings have become the norm in many High Courts and family courts, and NRIs regularly appear from abroad. The practical takeaway is that video appearance is often granted, but you must request it, explain the hardship, and let the court decide. It is not automatic. If your spouse cooperates or the court sees clear travel difficulty, virtual appearance is usually allowed. Our related guide on NRI mutual consent divorce without travelling to India shows how this works in practice.

The 2026 draft rules on AI in courts, explained

On 3 June 2026, the Supreme Court’s AI Committee released the Draft Regulations for Use of Artificial Intelligence in Courts, 2026. Public comments were first invited until 20 June 2026 and later extended to 15 July 2026. This is the first attempt in India to lay down a single framework for AI in the judicial system.

The guiding principles are human primacy, transparency, accountability, data protection, and safety. In plain language, AI can assist the courts, but it will not decide cases.

Here is what the draft allows and prohibits.

Two features matter for litigants:

• Disclosure. Where AI is used, that use must be disclosed, and every output must be checked by a human.
• An Apex Body at the Supreme Court will supervise standards, approve AI tools, and audit their use across the Supreme Court, High Courts, subordinate courts, and tribunals.

The direction is now clear. AI can help courts work faster, but judges retain full control over your matrimonial case.

Transfer petitions and avoiding parallel litigation

A common NRI problem is that the same couple ends up litigating in two courts, sometimes in two cities or two countries. The remedy inside India is the transfer petition under Section 25 of the Code of Civil Procedure, filed before the Supreme Court, or Section 24 CPC before the High Court, where courts are within the same State.

Transfer is not automatic. The Supreme Court considers factors such as:

• Genuine hardship of the spouse who cannot travel, especially a wife with young children
• Whether the case can be run through video conferencing instead
• The stage of the proceedings
• The balance of convenience between the parties

After Santhini, a transfer is often granted where video conferencing is not enough. If the goal is to end the marriage rather than to fight, a well-planned mutual consent divorce, explained in our step-by-step mutual divorce guide, avoids the transfer battle altogether. For high-conflict matters, court-annexed mediation can also consolidate disputes quickly.

What still requires your physical presence

Technology has its limits. Even with video allowed, some steps usually need the party themselves, in person or on live video, not through a proxy:

• Recording of statements in mutual consent divorce, especially at the first and second motions under Section 13B of the Hindu Marriage Act, 1955
• Cross-examination in contested matters, unless the court allows video mode
• Reconciliation and counselling meetings ordered by the family court
• In-camera proceedings, where the court has decided the matter must be heard privately
• Verification of identity in sensitive personal law matters

A power of attorney holder can handle many procedural steps, such as filing, service, and routine appearances, but a POA cannot fully replace the spouse for statements and personal verification. This gap is well settled and is why blanket “divorce by POA” promises should be treated with caution. Our post on NRI divorce notices and summons from abroad explains the connected pitfalls in service and procedure.

A practical checklist for litigating from abroad

1. Choose jurisdiction carefully under Section 19 of the Hindu Marriage Act, 1955, so the petition cannot be challenged.
2. Use e-filing where the court supports it, to avoid delays.
3. Apply early for a video or hybrid appearance, with a clear statement of travel hardship and supporting documents.
4. Consider a transfer petition if two matters are pending in different cities and the video is not enough.
5. Plan for the moments you must attend in person, especially mutual consent motions, and align these with your international travel calendar.
6. Give a limited, well-drafted power of attorney for the steps a POA can lawfully handle.
7. Preserve digital communication, since digital evidence is central in modern matrimonial trials.
8. Ask about the AI tools your court uses, so translations, transcripts, or citations relied on can be verified.

How Advocate Preeti JD runs NRI cases remotely

Advocate Preeti JD, Associates and Solicitors, focuses entirely on family and matrimonial law, and running NRI matrimonial cases remotely is now a core, everyday part of the practice. With over seventeen years of experience and membership of the Supreme Court Bar Association, Advocate Preeti JD combines strong court craft with practical use of e-filing, virtual hearings, and transfer petitions to protect clients living abroad.

The firm helps you:

• Design a remote litigation plan that fits your travel and visa constraints
• Draft strong applications for video or hybrid appearance
• File transfer petitions to consolidate cases and avoid parallel litigation
• Manage e-filing, digital evidence, and translations with careful human review
• Explain honestly what a power of attorney can and cannot do for you
• Represent you as the best divorce lawyer in Gurgaon, the best divorce lawyer in Delhi, the best divorce lawyer in Mumbai, and a trusted family lawyer across Delhi NCR

If you are outside India and worried about hearing after hearing, an early planning call can save years of travel and cost. You can reach the office at the numbers below or book an appointment online. For further reading, see our overview of NRI divorce challenges and legal solutions.

Frequently Asked Questions