• Matrimonial

Hi,

We live abroad. My husband has lost Job and planning to settle in India as his visa is about to expire. He is asking me to leave Job and join him in India. I have given him option to stay in dependent visa. Is there any legal implication apart from RCR? Can my passport get cancelled as I don't wish to relocate to India?
Asked 1 year ago in Civil Law

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9 Answers

It is wise advise to live on dependent visa and make effort to find new job. RCR too is not a problem as RCR is a wastage of time and money. No court or law can force a married person to live with other against his or her wishes and desire. Further it is lengthy process. Your husband can file divorce case on ground of cruelty and after two years desertion but living apart for service or employment is neither a cruelty nor amount to desertion. In India women has much more legal remedies in comparison to men. 

Siddharth Srivastava
Advocate, Delhi
1447 Answers

You cannot be forced to leave your job and relocate to India 

 

2) your passport would not be cancelled 

 

3!) your husband can file for divorce or RCR 

Ajay Sethi
Advocate, Mumbai
97467 Answers
7880 Consultations

He can’t file RCRon this ground against you

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

There's no compulsion on you to abide by your husband's dictates.

You have all rights to refuse to return with him to India.

If you are safe and secured in your employment in that country, you can choose to not to ruin your career due to his whims.

At the same time you cannot force him to remain with you against his willingness.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

Your husband may file Restitution of Conjugal Right Petition and he may file divorce Petition on the ground of desertion after two years.Your passport will not be cancelled. 

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

- As per the Bombay High Court judgement , wife cannot be forced to leave her job , even she has promised at the time of marriage, and it is also not a ground for divorce. 

- Hence, after losing his job and settle in India, you cannot be forced to join him after leaving US job , and it is your legal right to stay and work there  

- Further, in case he files RCR in India on this or other grounds , then also there is no law through which you can be forced to live with him in India. 

- Further, he also cannot take divorce on this ground , and hence your passport cannot be cancelled . 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

Can my passport get cancelled as I don't wish to relocate to India?
And: This does not happsns in any case.

If you do not join him along with matriminail ties, he has the option of filing RCR; or in the alternative he can seek divorce against you on the ground of separation/desertion.

Vibhanshu Srivastava
Advocate, Lucknow
9690 Answers
312 Consultations

Dear Client,

 

I understand that you are in a difficult situation. There are a few legal implications that you should be aware of.

 

First, if you do not join your husband in India, he may file for a Repatriation of Citizen (RC) order against you. This is a legal order that can force you to return to India. However, there are a few exceptions to this rule. For example, if you can show that you have a good reason for not wanting to return to India, such as a job or family obligations, the court may not grant the RC order.

 

Second, if you do not join your husband in India, typically, your passport is your personal identification document and should not be canceled solely due to your decision regarding relocation.

 

Keep a copy of all communications with your husband, including emails, text messages, and letters.

Keep a record of all financial transactions between you and your husband.

If you have any children, keep a copy of their birth certificates and passports

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

It is your fundamental right to stay abroad. Even RCR is not effective as husband is relocating due to visa compulsions. On the contrary you have number of rights over you husband.

Ravi Shinde
Advocate, Hyderabad
4385 Answers
42 Consultations

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