• Brother in law is afraid of giving us a divorce

Dear sir,
My brother in law is forcing my sister to resign the job but my sister does not want to stop work.
Uncle tried to convince him but he is telling that she should resign for job or else I will give divorce
What should we do sir, please tell me
Asked 7 years ago in Family Law
Religion: Hindu

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14 Answers

1.See you need to find out the reason why he is forcing your sister for resigning the job. 

If he is doing it to harass her then in that case she can continue doing her job and in case he files for a divorce same can be contested.

See the issue here doesnot seem that big to dragged in court you all family members along with some counseling help can settle the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. It is really archaic to think that to save marriage on needs to quit job to save marriage.

2. There is no certainty that even after quitting the job her husband after would not place any weird demand in default of which he would threaten to divorce.

3. So Ask your sister not to leave her job at any cost. If her marriage breaks down then job would take care of her financial needs.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It may be time for Marriage Counseling,Marriage counseling can help your brother in law and sister relationship to rebuild. marriage counseling can help them to understand their relationship better and make well-thought-out decisions.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

He can't force her. She can file Complaint under domestic voilence Act against him

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. As per the information mentioned in the present query, makes it clear that your sister has been forced to leave the job or otherwise she would have been given divorce.
  2. This is very painful when we happen to listen upo such kind of behaviour of an educated man, as if he doesn’t know that women also have legal rights for them.
  3. Sir, now you would have two options, first is to sit and wait for the settlement (see your sister, leaving her job), second is that you should take intiative and file a divorce case against him on the ground of cruelity to her.
  4. And if so not want to go for the second option then would suggest to call you r sister at your place for some days then see if any changes come in him, otheriwse you should have to think about her life further which she can’t live like this, I believe.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

does your sister have children ?

 

2) are the children being neglected ? 

 

3) why does her husband want her to resign. 

 

4) it is better both visit family counsellor to resolve their differences 

 

5) in alternative call meeting of elders of both families to resolve the issue 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Your sister has to take the call. She can continue her job. 

2. Divorce cannot be given at the drop of a hat in India. Her husband will have to file a petition for dissolution of marriage on any of the grounds under Hindu Marriage Act, which your sister can contest fittingly,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

its a family issue, try to settle with the help of elders/close relatives

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1) You can arrange a counselor meeting with them, a family counselor will guide them accordingly. A family counselor sits in the family court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Madam,

The following information may kindly be read;

Wife’s refusal to quit job no reason for divorce: HC 
The failure of a wife to take job transfer to her husband’s .. city, even if promised before marriage, does not constitute  .. ‘cruelty’ for which divorce can be sought, the Bombay high  court has ruled. 

After the marriage, husband is entitled to the society and company of his wife and similarly wife to the society of her husband. Foundation of the right is fundamental rule of matrimonial law that one spouse is entitled to society and comfort consortium of other spouse. Where either spouse has abandoned or withdrawn from the society of the other spouse without any reasonable excuse or just cause, court can grant decree for restitution of conjugal rights under Section 9 of Hindu Marriage Act 1955 in favour of aggrieved party.

In Smt. Surjit Kaur v. Ujjal Singh (1978) 80 Punjab Law Reporter 693 Punjab and Haryana High Court granted the decree of restitution of conjugal rights to the husband, even though the wife was gainfully employed away from matrimonial home, where the husband lived, on the consideration that husband had right to determine the place of matrimonial home and that he had the means to support his wife similarly in Kailash Wati v. Ajudhaya Prasad 1977 Hindu Law Reporter 175 Punjab and Haryana High Court had observed "obligation to live together under common roofis inherent in the concept of Hindu marriage and it can not be tom unilaterally by the desire of wife to live separately and away from matrimonial home merely for reason of either securing or holding a job elsewhere.

However, Allahabd High Court in Shanti v. Romesh reported in 1971 AllahabadLawJournalp.67has held that mere refusal of wife to resign her job at the instance of husband is not sufficient ground for granting decree of restitution in favour of husband as wife's taking up of job even against the wishes of husband would not amount to withdrawing from society without reasonable excuse. Similarly Rajasthan High Court in Mirchumal v. DeviAIR 1977 Raj. 114 has observed that proposition that wife must always stay under the roof of the husband might be right in past hut it is no longer true in the age of equality 0: opportunity in employment to both sexes. So Wife's taking up of job or not giving it up at the instance 0 the husband can not amount to withdrawal from his society. Reference may also be made SwaraFGarg v. K.M. Garg AIR 1978 de. 296 and Pravin Ben v. Suresh Bhai AIR 1975 Guj.69.

From a pursual of all the aforesaid authorities it becomes clear that the real consideration for the court in such cases is to see the animus of the wife to take up service at a place different from the place of business or vocation of her husband. In the present case, the wife is employed at Ambala even before the marriage. She has never denied her company to her husband. The husband has at all times access to her. Therefore. mere refusal on the part of the wife to quit the job in itself is no ground to divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

this is cruelty, right to work and choice is the fundamental right of the person and nobody can force to do or to left the job, on this ground the court will not pass any divorce to him.

 

it will be better to settled the matter amicably with him with the interference of the relatives and friends along with the family members.

 

if your sister is willing to take any legal action against him than she may file a domestic violence case against him before the magistrate court under Section 12, 18,19, 21 & 22 of the Protection of Women From Domestic Violence Act-2005 and claim protection, right to residence, child custody if any, and compensation.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Hi,

This matter should be settled amicably. You have not mentioned as to what is job of your sister and what is the reason for brother in law to asking for resignation. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Get the elders in the family to intervene and reach a resolution.  Try to reach to the root of the matter. Is there reason for your BIL to be so insistent and adamant on your sister not working? Can some middle ground not be reached with your sister taking up a part-time job or start working from home?

 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

Your sister need not resign her job under compulsion or force.

Your brother in law cannot divorce her for this reason and also she can challenge his divorce case properly if he files one.

You my advice your sister to not to leave her job because that is the only thing which may save hr future interests.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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