Facing False Matrimony Cases: How Can I Navigate Job Switching to an MNC?

Hi HRs, I am working in the IT/Software industry. I have to switch jobs, but there are some issues with me. My wife filed false matrimony cases against me, and she is not ready to compromise or withdraw those. It's been more than 6 years that I have been facing these cases. My password is also not with me as it is blocked by my wife's complaint.

Switching jobs to an MNC is essential for me. However, due to my problems, I am not able to do so. I kindly request you to help me. How does an MNC typically treat this situation? What are the policies in this scenario? I am unsure of how to handle this situation.

I appreciate your help and guidelines in this regard.

Dear Nikhil, it is unfortunate to note that your personal life has a fallback in your professional life. Nevertheless, litigation arising out of a disturbed marital life and your career advancement are two independent things. Why do you have a fear that an ongoing marital dispute can hamper your search for better job opportunities?

Generally, candidates write their personal details in their CV, which includes a brief on marital status as well. Right at that place, you may write "married but the matrimonial dispute is ongoing." When companies are in dire need of a candidate, they may ignore such secondary matters. Those who don't have a pressing need may start raising questions on this count.

Please note that involvement in a marital dispute is not akin to committing fraud or being involved in a shady deal or corruption. Therefore, you need not carry a sense of guilt in any way.

Lastly, you have written that your password is blocked. The password of what and who has passed the order to block it, and how does it impact your job search? If it is an email ID, then you may create a new email ID.

Thanks,

Dinesh Divekar

Understanding the Nature of the Case

It is not clear whether this case is criminal, civil, or both. It does not appear to be a criminal case (like domestic violence); however, it has been six years and has not affected your career thus far.

Employment Implications

As far as employment is concerned, for the employer to take cognizance and act, the principle is that the incident alleged to have happened must have a rational connection with employment. Obviously, the matrimonial incident has no rational connection, so you need not unduly worry on this count. You should continue to pursue a mutual settlement.

Password Issue

The fact that your password is not with you is an inexplicable situation and therefore cannot be commented upon.

Thanks, Mr. Dinesh and KK! HR, for giving your valuable time and response. It was a typo mistake. It's the passport, not the password, that was blocked by the complaint of my wife through authorities.

I have been stuck in a small firm due to this mess for the last 6 years, and I hope you understand that my firm is also taking advantage of my current situation. Some of my friends work in big MNCs like Dell, HP, Google, HCL, etc., and they have informed me that since I don't have my passport with me, it's difficult for me to join a big MNC. These companies have their own policies and will not tolerate any legal issues with their employees.

KK! HR: Yes, I have domestic violence and maintenance matrimony cases. The dowry case has not been accepted by the court to date.

Mr. Dinesh and KK! HR: I kindly request you to guide me. I would be highly obliged to you.

Thanks

I would advise you to consult a good lawyer who specializes in matrimonial matters and seek their advice. While applying for jobs, do not hide the fact of your matrimonial dispute. Furthermore, your lawyer will guide you on the steps to unblock your passport. The best course of action is a mutual compromise. Pay up and try to resolve the situation. In such cases, money is often wasted in court battles, and even the complainant receives very little. Ask your lawyer about how to reach a compromise between the two parties and close the case.

Some companies will not be concerned about family disputes as long as they do not impact work and reputation. However, some are strict. The best approach is to look for a compromise through mutual friends and a lawyer.

Legal Challenges and Employment Prospects

Since you have a case against you under the Protection of Women from Domestic Violence Act 2005 and your passport has been impounded, you will have to wait for the legal matters to conclude before you can freely pursue desired placements. The legal process, being what it is, does not promise an early resolution. Given that it has already been six years, the cases might have progressed significantly. However, as previously advised, you should explore the possibility of a mutual settlement.

By the way, have you or she filed for divorce? In that case, you can explore the family court for the settlement of the matrimonial dispute. However, the criminal cases are not compoundable, and mutual compromise is not of much help in getting these matters closed.

Impact on Employment Prospects

Regarding the effect of the cases on your employment prospects, there could be issues in government or PSU service. Private sector companies and MNCs are less likely to be concerned about such aspects once they find you suitable. However, you should not suppress these facts from your future employer.