I am currently in the process of filing a joint divorce petition. My wife is in NZ and I am in India. She has given power of attorney to her father to act on her behalf for the divorce proceedings. The power of attorney was prepared in NZ and registered in Jalandhar Punjab. Does the demand draft for maintenance and alimony payment need to be made to my wife or her fathers name as he has power of attorney? If I made the demand draft under her father's name would that be sufficient or is there any risk associated with the demand draft made in her fathers name? Alternatively, would it be better for her to open a bank account in India and I make a demand draft in her name so she can withdraw the money from NZ? Also, the power of attorney document states "valid under Jalandhar division only". Does that mean the divorce petition can only be filed in Jalandhar district for her father to act as power of attorney? The last place where we resided together was Batala Punjab which is my hometown.
She can file case in Batala, but here she has given POA on her father's name. Kindly check whether her father stay in Jalandhar district then the court will be Jalandhar.
And yes the POA valid in Jalandhar district only.
Better you pay maintenance and alimony in the court. Later on its her look out to withdraw from court.
The withdrawal amount from court will be her headache, so you need not worry about it.
Demand draft should be made in favour of wife
she can deposit the money in her NRO account
you can file divorce petition in Batala wherein you last resided together
It depends on court order. It's mostly in the name of wife only. You need to do it as court directs you. If there is no direction take clarity of order from court
Check if power of attorney holder is conferred power to receive amount alimony awarded by the Court if such power is mentioned in poa, you can handover dd/banker’s cheque to him before the Court and obtain a valid receipt on revenue stamp. Receipt should mention name of Court, case No. parties to case, date, place and an undertaking that money is received on behalf of daughter and if any claim is made by wife the attorney will be liable for the same.
If such power is not conferred, let her open an account in India, the dd/bankers will be handed over to father and he will deposit it in her account. Poa can be used only in geographical limits of Jalandhar.
- As per law, the divorce petition can be filed in the place where marriage was solemnized or where you both were lastly resided.
- Further, as she has given POA to her father , and the said POA is valid limited to Jalandhar division only, then this mutual divorce petition should be filed in Jalandhar only , so that her father can appear before the court on her behalf.
- Further , if the said POA mentioned that the POA holder will have right to engage a lawyer , to depose before the court , and to receive the alimony etc on behalf of the principal , then legally you can pay the said amount to him .
- However, at the time of payment to her father , you must mention to court to record his statement that he is receiving the alimony amount from second party being a POA holder of first party .
The demand draft has to be made out in your wife's name only and not in your father-in-law's. As it will be in Indian Rupees, she can deposit the same in her NRO account. It will not be an issue. Yes, the PoA shall be valid in Jalandhar Division only.
The alimony amount is given to her and not to her father.
Therefore you may cancel the DD purchased on her father's name and purchase afresh in her favor.
The power of attorney agent may hail from Jalandhar, but if it was given authorising him to file divorce petition on her behalf then he can sign the divorce papers to be filed in a different place too.
My lawyer is trying to convince me to make the bank draft to the Power of attorney holder, in this case my ex wifes father who is in India (ex wife is in NZ).Can the bank draft be made in my ex wifes father's name? Plz advice me, we are going to file mutual joint petition this coming Monday 21/3/22. See below power of attorny document clauses. -- to contest and pursue the divorce petition and guardian petition. -- to file, contest and defend any other civil suit, criminal complaint, petition application, appeal review, revision either to be filed or filed against the executant. -- to sign vakalatnamas, verify and sign the application, petition, civil suit, complaint, criminal complaint, police complaint, petition appeal, replications written statement, reply and other documents which are essential for filling in the court. --to engage counsel, to file any type of litigation in civil and revenue courts from lower to highest court or to do anything which is required. --to give evidence, give affidavit and to file any application or reply in the court in the civil as well as criminal cases and to do all acts, deeds and things which my lawfully attorney deems fit and proper. To appear before police department or give statement in court or before police authorities. --to summons witnesses for pursuing the cases, to deposit diet money etc. --to file an appeal, review and revision, upto the hon'ble high court or hon'ble supreme court of india. --to do all other acts and things in connection with the proceeding of these cases as effectively as i could do the same if I'm personally present and all whatever our said attorney shall lawfully do, I do hereby agreed to ratify and confirm.
There is no clause in POA that money can be paid to father in law
refuse to pay to father in law
As asked take the clarity of the order from court and do the needful
It is not advisable to pay the amount in favor of her father
Don't be misguided
- Since, this POA not having specific clause for receiving the alimony amount on behalf of the principal , then you should not made the DD in favour of POA , and must make DD in favour of her or deposit the amount in her NRE account .
Dear Client,
For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. They must not be performing marital obligations – physical separation is not a criteria.It takes 6 months and two motions. In first motion the lawyer will file a petition signed by both parties in court. Court will accept it. After this a second motion is filed after 6 months and divorce is final.After passing of first motion, parties are called upon to wait for six months period before moving the Petition for the second motion. This period is extendable up to eighteen months. This six months period is generally called a cooling-off period.Mutual consent divorce charges range between 15,000 and 30,000 if you want a divorce lawyer with a minimum of 3 years' worth of experience. Most lawyers in Mumbai charge around INR 5000 or INR 7000 per hearing, meaning that the longer the battle, the costlier it becomes.A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.
Thanks & Regards
