1. On the first date presence of the wife is mandatory, with permission of the court her sister may appear in the court and sign documents.

2. Once the petition is filed then you may also get the same dismissed on the ground of settlement.

3. Consult a lawyer and ask the lawyer to draft the terms for you. With permission of the same, take divorce through POA

Regards

Dear Sahil

My opinion on your queries are as under:-

1. Can divorce petition (first motion and second motion) is valid if my wife sister sign the papers?

Opinion:- yes, the petitions will be valid.

2. Can my wife later come from US and challenege the terms on which agreement is done?

Opinion:- No, She can not, if the Power of Attorney is Valid.

3. I will be paying alimony on my wife name (draft) so if she later dont come for quashing the FIR after taking money can i recover money later and is it possible to quash FIR on basis of MOU signed of judge will ask her to present or consider her sister power of attorney?

Opinion:- It will be better to retain some amount and pay before the High Court at the time of Quashing. otherwise, you have right to recover the same as per MOU's terms and conditions.

4. What other things should i keep in mind before paying money or signing the papers of divorce so she cant challenge it later?

Opinion:- MOU should be strong and all the terms and conditions should be mentioned.

5. What can be done if she is not willing to come or not able to come?

Opinion:- Fighting the case on merit is only an option

Feel Free to Call

1. No, she has to sign these papers personally.

2. Yes, that's why she has to personally participate in the MCD proceedings.

3. Yes, the FIR can be quashed on the basis of the compromise. The Court might insist for her presence and this is purely the discretion of the Court.

4. Ask her to personally participate in all these formalities.

1) your wife sister can if duly authorised by POA sign the divorce petition and consent terms

2) your wife virtual presence through Skype is sufficient

3) you can file for quashing FIR based on consent terms arrived at

4) however HC insists on personal presence of wife during hearing of quashing petition

5) pay 20 per cent amount at time of first motion and balance 80 per cent at time of second motion

See in the mutual consent divorce the papers though can be signed by her sister on authenticated POA but her presence is required as after first motion there is counselling and in said counselling she needs to be there either physically or virtually as you can seek permission from court for video conferencing. Also her presence in first motion and second motion can be recorded through video conferencing.

Judge may reject you mutual consent divorce petition on said ground.

1. For the purpose of merely putting signature POA is enough. But at the time of final motion presence of wife is mandatory.

2. To restrain her from disputing divorce her attendance in final motion is essential as after this she can't dispute initial signatures.

3. If on her promise of cooperation for quashing mutual divorce occurs and you comply all your terms then in her absence also the high court would quash the 498a petition.

4. Don't py full amount till the stage of final motion reaches.

5. If she doesn't come in final motion repeatedly then mutual divorce fails and you will be at option to file contested divorce suit.

Dear Client,

If POA is valid, she can.

1. Can divorce petition (first motion and second motion) is valid if my wife sister sign the papers? -- Yes, copy of POA will be submit before court.

2. Can my wife later come from US and challenege the terms on which agreement is done? --- Only, if she claim, POA was forged but chances are negated. Make all payment through cheque, Which will evidence that she actually executed POA. or request the court to record her statement through video conference.

3. I will be paying alimony on my wife name (draft) so if she later dont come for quashing the FIR after taking money can i recover money later and is it possible to quash FIR on basis of MOU signed of judge will ask her to present or consider her sister power of attorney? -- Depends on court if it accept compromise by POA holder. But through appointed advocate. She should give him written instruction to compromise on her behalf..

4. What other things should i keep in mind before paying money or signing the papers of divorce so she cant challenge it later? -- Payment through cheque /DD and check validity of POA. Recording of her statement through

video conferencing in MSD.

5. What can be done if she is not willing to come or not able to come?

1) you should file for quashing after first motion

2) only after FIR is quashed should you appear in court at time of second motion

3) get consent terms vetted by Lawyer

At some point of time during the entire process of MCD, her presence will be mandatorily.

I'll advise you to facilitate her presence as and when required. Her presence must be recorded before the Court and this will be beneficial for you too as later she cannot retract.

You yourself can get the FIR quashed on the basis of Settelment terms.

Regards

The divorce decree that is based on the mutual consent comes with the provision of quashing of the cases pending on opposite party it is clearly stated in the decree that the cases on the opposite party will be withdrawn by the petitioner because this is basic condition of the divorce so she must follow the decree conditions

Firstly you should read , each and every contents of the Power of Attorney of the sister of your wife, properly i.e. what powers she is having from her sister for executing the legal work in her absence.

1. YES- Being attorney holder she can sign and execute the affidavit of both Motions on behalf of your wife. Court will record her statement for divorce purposes.

2. After recording of the statement before the court , you wife cannot challenge the terms of the agreement, as she has given power to accept the contents/terms of the agreement on her behalf.

3.Your proposal for the payment in installment is right and safe for your payment but you should give thease details of payment in your agreement clearly. Court will also mention the mode of payment before judgment of divorce. otherwise, you have right to recover the same as per MOU's terms and conditions.

4. You should property read the contents of the Power of Attorney executed by your wife in favour of her sister and also Agreement should be strong and all the terms and conditions should be mentioned.

5. You have the option to file the said petition for quashing in the High court on the ground of said Power of Attorney and Agreement . Court will direct her appearance , whether she is living abroad or in India.

Finally, you will get the relief.

Dear Sahil

It will be better to file the divorce case before completion of divorce proceedings, it will be better for you because she has to appear once before the High Court before the Divorce decree and if in future/after completion of divorce her sister/POA Holder will not appear, the court has the power to deposit the amount with the registry of the Court and quashed the proceedings.

Feel Free to Call

You can file for quashing now on settlement terms and agreement of mutual consent divorce. The High court shall quash the proceedings with material on record as there is already settlement and MCD proceedings has been started.

Hi, for mutual consent divorce physical presence of your wife is required before court .. Her statement will be recorded and signed by her on first as well as second motion ..

1. As long as her sister has a valid POA and obtains the permission of the Court to be represented through her sister, yes. She can also appear through video-conferencing.

2. During the pendency of the MCD Petition there have been several known cases where additional terms are added.

3. The quashing will have to be done before the 2nd motion. She or her sister would be required to be present.

4 & 5. In MCD cases per se there is no precaution which can be taken. If you have done the compliances from your end, you can highlight her conduct and request the Court to allow the condition. Moreover for her to challenge it later on, she would require to establish some kind of fraud, which is not easy.

FIR has to be quashed before the 2nd motion can be allowed. To secure your interest, you can mention that money be deposited in the Court and if she backs out then you get to withdraw the money.

You need to file the second motion only after the completion of all terms and condition regarding quashing of FIR and money matters.

1. The power of attorney agent can sign on behalf of the principal.

But for evidence the principal either has to appear before court or can depose evidence through video conferencing provided the court in which the case if filed is equipped with the said facility.

2. She cannot challenge the same because she has to be present during evidence hence she is aware of the terms and conditions that was agreed between both the parties, so she cannot deny the conditions.

3. Instead of giving her a draft, you can hand over a post dated cheque so that it can be utilised after quashing of FIR is done.

4.Payment of alimony amount may be done bit carefully.

5. The MCD case will be dismissed if she is not willing to go ahead.

So my concern is she is not coming from US and once the second motion is done she will get divorce decree. If she dont come for quashing of FIR as she already got the divorce decree and her sister back out and ask to pay more money for quashing of FIR because it will be no harm for her to harass me and ask me more money as she already got the divorce and she is free.

The only hold that you will have is to withhold the alimony payment till the time the FIR is quashed.