• Own family has seized my passport

I am a 24 years old Muslim boy from India and I am in love with a British woman who is 18 years older than me and a Sikh by religion as well. I have been in this relationship since May 2012. She has three kids as well. However, I have never met with her in person, but we both have seen and talked with each other through internet. In Jan 2013, I wanted to go to the UK to get married with her. But my parents seized my passport. I tried to get my passport back but they didn't give it back to me. I went to police for help. But even Police didn't help me. I ever tried to get my passport re-issue but my parents even never let that happened.
Police is not helping and saying that the only way to get my passport back is

Either my parents give it back to me
Or I shall have to wait until my passport expiry (till 2022)

I am feeling so helpless now. Therefore, my questions are

1. I am an adult. Don't I have any right on my own passport?
2. Is there any way by which I get my passport back from my family?

Please give me some guidance so that I could get my passport back.
Asked 2 years ago in Family Law from Ballia, Uttar Pradesh
Religion: Muslim
1. A new passport cannot be issued until and unless a FIR for loss of theft, as the case may be, of the passport has been lodged.

2. Police has misled you. You should file a FIR for theft of passport against your parents and then initiate the process of getting it reissued.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Lodge a complaint with the jurisdictional police for loss of passport, take out a paper publication of the same to the passport office, apply for a new passport by furnishing a new address so that your parents are not aware of the re-issue of the passport, once it is issued take a visa to UK and fly out and meet your english girlfriend and chart out your future with her and then come back make proper plans and go back and execute those plans.
Kiran N. Murthy
Advocate, Bangalore
987 Answers
86 Consultations

5.0 on 5.0

File a complaint under section 97 of crpc before magistrate against them for release the passport.
.the court have power to directed to police to produce your parents along with the passport before court.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4794 Answers
219 Consultations

4.9 on 5.0

1. I am an adult. Don't I have any right on my own passport?
Being  a citizen of the country your fundamental rights are fully protected by the constitution . You have  full rights to obtain and possess an Indian passport if you comply with the requirements to procure it. 

2. Is there any way by which I get my passport back from my family?
If the police is not cooperating, you may approach the higher police official with the complaint mentioning that your parents have illegally retained  your passport and they refuse to give it back, they do not have any rights to hold your passport, the local police are not taking any action on your complaint to retrieve your passport from them, hence the higher police official is requested to intervene and  instruct the local police to inquire and  retrieve  your passport from  your parents and hand  it over to you. 
Even if this is not working you may approach the judicial magistrate court with an application under section 156(3) cr.p.c. venting out your grievances and seek the magistrate's intervention to direct the concerned police official to retrieve your passport fro your parents and take necessary legal actions against them for illegally retaining your passport. 
The above steps  if followed, you may get the desired relief. 
T Kalaiselvan
Advocate, Vellore
34455 Answers
372 Consultations

5.0 on 5.0

1) your parents are your well wishers 

2) they don't want you to marry a lady who already has 3 kids from earlier marriage and is older than you by 18 years 

3) if your parents are refusing to hand your passport to you and police are refusing to help you lodge a complaint against your parents move court for necessary reliefs to direct your parents to hand over your passport 
Ajay Sethi
Advocate, Mumbai
44293 Answers
2572 Consultations

5.0 on 5.0

1. Yes, you must protest against the actions of your family members. lodge a complaint with local police about theft of your passport.
2. Thereafter apply for a fresh passport.
3. This process involves non involvement of your family members. Bur if you want your previous passport back then you have to file a case of criminal breach of trust of theft against them. Meet a local lawyer if you want to file such case.
Devajyoti Barman
Advocate, Kolkata
12525 Answers
161 Consultations

5.0 on 5.0

Hi, you have to seek police help if the police will not respond properly then you have to approach higher authority in the police so that they may help you in the matter.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

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