My estranged in-laws are not giving me husband's death certificate
I am 39, and I have been estranged from my husband since 2010. I have two sons, aged 10 and 8. My parents have also passed away. My husband has never even visited me since 2010, nor paid a penny ever. Whenever I have tried calling him, he has threatened me with dire consequences and even threatened to kidnap the kids. So I have never been able to muster the courage to seek divorce or alimony. I have very little backup support both financially or socially.
Last year, my estranged husband died in a car accident. I found out through a common friend and confirmed the death from the hospital where his post mortem was done and police station which conducted the probe.
The Investigating officer apparently handed over the post mortem and morgue report to my mother-in-law. But apparently, they havent applied or procured a proper death certificate yet. Now when I approach my in-laws to give me either a death certificate, or give me the police documents so that I could apply for one, they are refusing. This has put my life and my children's life in a fix. Unfortunately, my husband and in-laws never got our marriage registered. But I have all marriage photographs as well as the temple priest's signed and stamped certificate (not Arya Samaj). That's why I am not able to legally claim my status as his wife now. But I need the death certificate to claim my status as a widow. I feel helpless.
Please advise what legal remedies I can have, within the meagre resources I have. I dont need any money or my husband's assets. I just need the death certificate to legally declare myself a widow.
Asked 4 months ago in Family Law from Meerut, Uttar Pradesh
Thank you for all your answers. But my situation is different. Kindly take note and clarify.
1. I don't have a legal sarkari marriage certificate. I only have a temple priest certificate (not arya samaj) and marriage pictures which show my husband, his parents and my parents.
2. The accident (car hit the divider and burst into flames) happened in a remote town of MP and I live in Meerut. It is very difficult me to leave the kids and travel to MP, just to argue with local police station. But I called up the SHO of the police station and explained my condition but he did not help me. He has also stopped taking my calls. IO has also said he has handed over Post Mortem Report to my mother in law and so he cant do anything more.
3. Can I file a domestic violence case against my mother in law? They have never paid a penny all these years either for me or for my sons. And now when my estranged husband has died, they are torturing me by refusing to give me the post mortem report. They themselves have not even applied for the death certificate and are not even allowing me to do it at my end.
I am very frustrated and helpless.
Asked 3 months ago