Legal Question in Family Law in India
My sister got married a roadside romeo last month with the name of love, She is very clover student and got 560/700 in 10 th class and 965/1000 marks in 12th class.
As a family we have given lot of love, caring and respect about her, and we had great hope that she will definitely become a good engineer, but with the childish mentality she has married and staying in his house.
From past one month we are requesting her to come back and continue her studies, but she is not coming. Initially she had some doubts in her mind and when ever we ask her to come she denies, but now she wanted to come but due some reason she is not coming (may be they are forcing her not to go).
Her age is 09/Feb/1996 (17 years 6 months) as per municipality certificate (which was taken at the time of her birth) but unfortunately wrong date of birth is mentioned in the 10th certificate 09/Feb/1995 (which is 18 years 6 months).
We have given complaint in police station but they are considering age as per 10th class certificate and saying she is a major.
Can somebody please help us to in decision making.
1. Which certificate is considered for age proof?
2. Is this marriage considered as child marriage?
3. Can we file a case in hier court and get her back?.
We wanted her to complete studies and then she can take her own decision, but till that time we would like to take care of her.
2 Answers from Attorneys
I am really sorry to learn your situation.
Your best option seems to be : persuading her with utmost care, caution, love and affection. All she might need at this point of time is: NO LITIGATION but TRUST & SUPPORT.
Make her to feel that she can trust her family for support.
All the best,
dear client imeditely file writ petition in high court and make municipality certificate valid filling with her birth certificate of hospital. once court will declare she is under 18 years then her marriage will automatically become null and void. for any legal help call me on 9422611385
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