• Documents withheld

Dear sir ,
my fiance's parents are against our marriage and in order to prevent us from getting married under the special marriage act , they have withheld all the required documents ( class ten certificate to voter id card etc ) from my fiance and she is too petrified of her parents to register a complain with the police and depends upon me to do the needful to get us married and settle into a family life we are both 32 years old , graduates having sound financial back ground.
Asked 2 years ago in Family Law from kolkata, West Bengal
Religion: Hindu
You would need police help or ask your fiance to send a legal notice to her parents demanding her documents (which are her property). If this doesnt work out, I would suggest you procure the required documents from the concerned respective authorities e.g. Class ten certificate can be obtained from CBSE Board (if cleared from CBSE) etc.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Procure documents from the concerned respective authorities. Need not fear in filling a complaint against her parents even if one parent is a lawyer. What they are doing is against the interest of your fiance. If your fiance is working and earning good, she is not considered as dependent on her parents.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Was her birth registered? If it was registered then she or her parents must be possessing her birth certificate. If she has her birth certificate then it shall suffice. If her birth certificate has also been withheld by her parents, or is untraceable, then she may visit the office of Registrar of Births and Deaths to obtain a copy of her birth certificate. 

A copy of matriculation certificate can be obtained from the institution (such as I.C.S.E, C.B.S.E or state board)  from which she passed her matric. 

On the basis of either of these two documents she and you may seek protection from the High Court after marrying.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
she may complain in women cell of her state or district
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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One of her parents being a criminal lawyer is immaterial. 

Tell her to obtain her birth certificate from Registrar of Births and Deaths(the office of which will in all likelihood be located in the Municipal Corporation Headquarters in her city), or a copy of her Detailed Marks Card (DMC) from ICSE. Birth certificate can be obtained in a matter of 2-3 days, whereas procuring 10th and 12th certificates may take months. So it will be advisable to obtain birth certificate. 

If you apprehend that her parents may attempt to do something hanky-panky then immediately move the High Court for protection after she has her birth certificate in her possession.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
This is why I suggested to you to obtain a certified copy of her birth certificate by visiting the office of Registrar of Births and Deaths. Once you have this document in your possession you will be legally sound to counter any illegal action initiated by her parents.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Without her signature on the application for birth certificate the same cannot legally be obtained by you. Having regard to the fact that she has been caged within the four corners of house by her parents, you may on her behalf move the High Court for releasing her from captivity. For this you will need to engage the services of a High Court lawyer.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
you can obtained duplicate  xth class certificate from your cbse office
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
contact a local lawyer . you have to move HC that your fiancée has been held captive against her  wishes  as they don't want your marriage . in addition mention that all her certificates have been withheld  so that you and your fiancée  don't  have a registered court marriage . apply for duplicate copy of birth certificate as suggested by experts . obtaining  copies of CBSE certificates may take months .
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Thank you for appreciation.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
I completely agree with Mr. Ajay Sethi
you can also file an application u/s 97 of Crpc before DM/SDM/JM for issue search warrant.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Hi, you have to file a missing complaint in the police for the documents lost and get the duplicate copy.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
query is resolved
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0

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