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.
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 10 years ago in Family Law
Religion: Hindu
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15 Answers
Dear Shaveta Madam, Thank you for your prompt reply , my fiance is petrified of her parents and is fearful of registering a complain with the police as she is dependent on them and as one of her parent is a lawyer .
Asked 10 years ago
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.
Dear madam , in order to retrieve the concerned documents from the respective authorities , is she require to register a general diary at the local police station , stating that she has lost all the documents ?
Asked 10 years ago
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.
Dear Ashish Sir, Thank you for your kind response . Yes her birth was registered and she had cleared her class ten and her 12 from from the ICSE board , and the said certificates have been withheld by her parents one of whom is a criminal lawyer and hence my fiance is concerned about my safety and herself , she is petrified as they have warned her with legal consequences against both of us !!
Asked 10 years ago
she may complain in women cell of her state or district
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.
Her parents have withheld every document that she ever had , she doesn't even have a photo copy of any of her documents left with her ...
Asked 10 years ago
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.
she is not allowed to move alone outside with out an escort and is constantly under surveillance , so I have to do act on her behalf..please advice how may I proceed ...in getting the birth certificate etc
Asked 10 years ago
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.
you can obtained duplicate xth class certificate from your cbse office
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 .
Thank you Mr Ashish Davessar, Mr. Rajeev Bari and Mr. Ajay Sethi for your kind advice , I will immediately implement your advices . Regards
Asked 10 years ago
Thank you for appreciation.
my pleasure
thanks for your appreciation
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.
Hi, you have to file a missing complaint in the police for the documents lost and get the duplicate copy.
Thank you Mr. Nadeem Qureshi and Mr. Pradeep Bharathipura for your kind advice , I'm in the process of getting a duplicate class ten certificate of her's from the concerned board .
Asked 10 years ago
query is resolved