Legal Question in Family Law in India
The problem began like this I got married when I was just 21, we got married with consent of our parents only though both of us were major but in this my parents feel that they have faced lot of insult and disrespect, they had problems with my wife and they always boasted like a favor, the quarrell was getting intense and it was also unbearable to my wife so we decided to get a separate house and move in , according to my parents what my wife has did is wrong and they want both of us to be back home but my wife is not ready for that she wants to stay separately with me she had to even compromise on her kid because of this.
When we were coming out of our house my certificates and passport alone was retained by my parents rest everything was handed over to us,they said that whenever I need it I can take it from them.But when ever I have asked it from them they deny giving it because they say if I want a life with my wife then I should demand all the certificates from my wife not from them & they also say that they have worked hard to bring me up and spent a lot for my upbringing so it belongs to them that might be very much true but in return I have been paying them my whole salary past three years I have bought them a car and still paying the EMI's for it moreover for my sisters marriage I got a loan and still paying for it apart from all this I am going to relieve them from some other loan by repaying it for them above from all the above I am ready to take care of them by keeping them in a separate house and bear expenditure for it,but they are not ready for it they want to live were I live but my wife wants some peace of mind,so I cant let this happen I am having lot of mental pressure because of this.
My wife wanted to go legally against my parents because of some one and a half years of mental pressure at my parents place but because of me she keeps quiet and she is happy that I am with her.
I am in such kind of job that I will have to travel when ever I want but my passport is being withheld apart from my all the educational certificates,my school, graduation,Post graduation and my experience letters.Is it right if decide to stay back with my wife and take care of them too.
1) Can I demand my certificate from the ?
2) What can I do if I do not get it back?
3) What if they destroy all my certificates and passport?
4) What can we do still pressurize me and my wife to comeback and live with them?
I can always apply for duplicates but the duration to get it back is too high I might even loose my job by that time.
What is the remedy available to me and my wife?
How can we sort it out of court?
Even if we move to court do we have some chances of sorting it out?
Please reply.
2 Answers from Attorneys
in such a situation where you desperately require the passport and certificates, you should either speak to the relatives who are elder to your parents and respect them and would listen to them. in case those relatives convince your parents to return the stuff, it would be better. in case they still refuse to return, you may file a suit against them for permanent and mandatory injunction seeking return of documents. in that suit you may also caution them that you would also file a suit for recovery for the EMIs of loans that he is paying. in case you do not want to indulge in legal matters, you may approach a lawyer and ask him to send a legal notice on behalf of your wife that she would initiate legal proceedings against them for cause cruelty upon her that resulted in miscarriage. once your parents would receive the notice, they might approach you to settle the matter.
It would be wiser for you to settle the matter amicably. Its better that you and your wife approach them and settle the issues. The Ego is playing a big role in the whole dispute. Though they are elders the misunderstandings have to be sorted out in a very mature way.
Inspite of this if they do not agree its better to send a legal notice demanding for your Documents.
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