• Wife not relocating/moving out for profession

I am working in a Central Govt job in Vizag. My would-be wife is now working in Hyderabad. While fixing my marriage, we had ensured that the girl is of much lower academic and professional qualification, so that she does not turn out to be career-oriented. We do not have any objection if the girl continues to work after marriage, however she must look for job opportunities at the location of my posting. This was clearly discussed and agreed between both families and the marriage was fixed only on this condition.

1. In case she does not resign from her current job in Hyderabad before marriage, it may indicate that she is not willing to relocate. Do you recommend signing a written agreement between the families at this stage?. Can we enforce the agreement on her to relocate to Vizag?
2. In case she relocates to my location after marriage but decides to move to a Tier 1 city to grab a better job offer at a later stage, is there any legal way to restrict her? Is "restitution of conjugal rights" an option?
3. If the events in point no. 2 finally lead to a divorce because she is not fulfilling my marital expectations, will I need to pay her maintenance?
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

Any prenuptial agreement covering conditions postnuptial is invalid and not enforceable. If she decides to prefer career and her financial independence she is at full liberty. It is her fundamental right, no court will restrain her from achieving economic liberation. Any such agreement tantamount an attempt deprive her the guarantee under Article 21.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1.   There is no agreement which can be enforced in court. 

It can help a little in divorce case.

You better ask her to resign or put transfer application after engagement. 

Keep difference of 3-6 months to marriage so you will come to know her intention and then accordingly you can decide or cancel marriage. 

 

2.   Yes, only "restitution of conjugal rights"  is an option but it can not be enforced. 

Because even SC can not force anybody to live with somebody or restrict or relocate. 

 

3.   It will lead to divorce only but easy one.

But divorce on desertion requires 2 years separation and then you dont need to pay any alimony/maintenance. 

Basically maintenance depends on income of both husband and wife. 

Alimony depends on fault of opposite party. 

 

Hope this helps.

 

Ankur Goel
Advocate, Bangalore
454 Answers

You can obtain in writing from your fiancée that she would reign from her job and relocate to Vizag after marriage 

 

2) you can file petition for RCR if she shifts to another city without your consent 

 

3) you will need to pay her maintenance if there is substantial differences in incomes 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. The stated agreement will be considered as Arbitrary, one sided and invalid in the eyes of law.

 

2. There is no legal option left before you to restrain your wife in pursuing her career and confine her at your place.

 

3. Her relocating elsewhere for pursuing her career is no ground for your seeking the decree of divorce. Please note that the Court also might inform/question  you that she also has some marital expectations from you to fulfil.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

1) Any agreement restricting the right to liberty and freedom will be invalid and not enforceable.

2) Yes if your wife after marriage moves away, then you have right to file a RCR petition. 

3) Wife has legal right to maintenance after marriage, if she is unemployed or there is huge difference in your and her salary.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

 - As per law, prenuptial agreement is neither legal nor valid in India , because Indian laws do not look at marriage as a contract , but as a religious bond between the husband and the wife.

- Further, any agreement which is contrary or opposed to public policy is not an acceptable agreement.

- Hence legally you cannot predict and enter into an agreement on such clauses before the marriage. 

- However, you can take her consent for comply the conditions as agreed in the presence of two witnesses .

- Restitution of conjugal rights enforce when wife refused to live with her husband without any reasonable cause. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1 agreement can be signed, however it won’t stand in court; and at best it would be good guidance for the parties, can’t be treated as gospels word

 

2. yes, it will be always open for you to apply for restitution of conjugal rights.

 

3. no, cause she’ll be employed and earning for self sustenance. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. A prenuptial agreement is a contract between two individuals who are about to get married, outlining the state of finances and personal liabilities in case the marriage fails.

In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract.

Therefore the agreement is not enforceable in court of law.

2. You cannot restrict her either before marriage or after marriage to not work or be employed in a place where she feels secured and comfortable.

3. Maintenance depends on various factors hence this invalid agreement cannot be a reason for refusing to give her maintenance after marriage based on the circumstances and grounds she may be claiming the same. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

1. The agreement that you are contemplating will be a pre-nuptial. Pre-nuptials are not valid in India.

2. If she is not willing to comply with the conditions you had laid then you have the option of not walking down the aisle with her.

3. Maintenance is a liability which cannot be avoided by husband post marriage unless he can prove that wife is earning sufficiently on her own.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Querist

My opinion on your queries are as under: -

 

1. In case she does not resign from her current job in Hyderabad before marriage, it may indicate that she is not willing to relocate. Do you recommend signing a written agreement between the families at this stage?. Can we enforce the agreement on her to relocate to Vizag?

Opinion: - Marriage is a matter of trust, when you are not ready to trust her completely then there is no purpose in marriage with her. Suppose she is not ready to relocate or she is not ready to resign from her current job or suppose she got the opportunity and she is not ready to leave that opportunity for you then you have to take legal action like filing divorce etc, which will create hindrance in your life including the life of your parents, so it will be better to call off this relationship and search for another.  if you are willing to marry her then execute a premarital agreement with her and then marry her but in case she is not ready to relocate or leave her job then this agreement can not save your relationship.

 

2. In case she relocates to my location after marriage but decides to move to a Tier 1 city to grab a better job offer at a later stage, is there any legal way to restrict her? Is "restitution of conjugal rights" an option?

Opinion: - Restrain order cannot be passed against her but in case she is not ready to visit you and full fill her obligations as a wife then you may file RCR petition before the Court but in case she denied to visit you or live with you due to her Job then the court cannot pass any order as doing employment is a fundamental right of a person, she may also say to you that you leave your job and live with her at her place, the law is equal for both.

 

 

3.  If the events in point no. 2 finally lead to a divorce because she is not fulfilling my marital expectations, will I need to pay her maintenance?

 

Opinion: - If she is unable to maintain herself with her earnings then you have to pay maintenance to her under section 125 of Cr.P.C., under section 20 of Protection of Women From Domestic Violence Act-2005, and Under section 24 & 25 of Hindu Marriage Act-1955, even under Hindu Adoption and Maintenance Act-1956 

 

Feel Free to Call

 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Sir

You can file application under section 9 of HMA act for restitution of conjugal rights. If possible get your self accommodated in Hyderabad city.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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