• Threat by wife's family

Respected sir/ ma'am

 I  am on work visa here in Newzealand  .  my family and my wife live in India now. i wife want divorce .  As per police agreement  both family agree for this decision . my family return all gold jewelry to girl's family and gave them 4 lacs cash and 4.5  lacs cash my family will pay to girl's family at the time of divorce all this thing mention in police agreement.

For apply divorce my family want power of attorney with stamp of high commission of india. because of lack of information and misguiding by  our common lawyer i have been send twice my power of attorney without  stamp of high commission of India   both time it was rejected. it wasted 3-4 weeks. so this time i know the right process. so it take a appox. 1 months to make my power of attorney. I am preparing it with help of public notary and  department of internal affairs of New Zealand. On the other side girls family( My in Laws) are giving threat my parents and my sister because they are too rich and they have a strong relation with Punjab police, political leaders and public lawyer. my family under stress and under pressure they compelling my family to do it quickly  otherwise they will cancel agreement will not return our money, put my family in jail and put fake case against me with the help of police and show me absconded. i am totally under stress and depression. my family and me totally helpless because nobody hear my family problems. my family life in danger. i cannot go to India  because my visa expiring soon so i  have to apply my work visa first.

my family told them we are preparing document on urgent bases but girl's family  continuously pressuring  my family.

 Please tell me  legal way which  help me to secure me and my family life.
Asked 2 years ago in Family Law from ropar, Punjab
Religion: Sikh
1) you are safe . an agreement has been entered into signed by both parties . jewellery is being returned . instead of cash you should have made cheque payment as tomorrow girl may deny receipt of cash . 

2) if power of attorney in New zealand is taking time come down to india for a week file divorce papers and leave . in india you can execute power of attorney in favour of your parents .
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
your wife wants divorce . yo have agreed to it . the terms are agreed between parties wherein cash of Rs 8.5 lakhs would be paid and jewllery returned . it is in your interest that such petition be filed in court at earliest . if  your wife is in a hurry do cooperate dont delay the proceedings . you can  only stop them by flying down to india and filing divorce petition
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
first of all do not worry so much,i would advise you that since its a matter of divorce better you be present in the court rather than your attorney appearing on your behalf,because sometimes the judges are also very particular about the present of both the parties.since both of you have decided for mutual divorce,pressurizing your family will not serve any purpose for the girls family
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. It seems that your wife and her family are not trustworthy enough to be taken on board for mutual consent divorce. You should have personally contacted an Indian lawyer rather than acting on the advice of your ''common'' lawyer. 

2. You should fly to India and file for divorce after making a limited power of attorney in favour of any of your family members and then fly back. Alternatively, you may make a power of attorney in favour of your any of your family members from New Zealand and post it to him/her.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
If your family members in India are facing harassment due to the nexus between your wife's family and police then move to High Court for protection. Police will mend itself after it receives a notice from High Court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
execute power of attorney in favour of your father or mother .get it attested before indian consulate in New Zealand . your POA holder can sign on your behalf divorce petition .
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Engage a lawyer in India to file for divorce. Thereafter, make a power of attorney in favour of any of your relatives and get it attested before the Indian consulate in New Zealand. Your power of attorney holder can sign the divorce petition on your behalf and then prosecute it in court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
why should POA take such long ? it dosent take 1 month to have it attested before indian consulate . the fact of the matter is your in laws apprehend that you are deliberately delaying filing of divorce petition . in the meantime you can approve the draft of mutual consent divorce petition forwaded by your lawyer and inform your in laws of the same . call your wife and assure her that you have no intentions to delay the matter . you cant stop your in laws pressurising you to expedite the process
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Is your power of attorney up for attestation before Indian consulate? It does not take more 2-3 days for attestation by consulate to be complete. So it is incomprehensible as to why it is taking so long. 

What is the nature of harassment by your in-laws?
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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