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Pragati Bhargav   12 May 2020

confiscation of my certificates, degrees and documents

My father has hidden away all my certificates, degrees and documents, because he doesn't want me to study and work to earn. I have requested him multiple times to give it back to me so that atleast i can take a loan to complete my education, but he has threatened me that he will destroy it and burn it but never give it back to me. What legal action can I take in this scenario?


Learning

 11 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 May 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Restraining, Intimidation, Breach of Trust, Mischief etc.... against the Father, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  Father may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     12 May 2020

It is necessary on your part to lodge immediate police complaint against your father on the ground of  criminal intimidation,intentional insult with intent to provoke breach of the peace and criminal breach of Trust.  Please take note that although he is your father however he doesn't have any right to take away your constitutional rights. 

1 Like

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.)     12 May 2020

Ma'am,

Please note that you shall take immediate legal action in this regard. As per the previous query posted by you about the Domestic violence faced by you and your mother in this lockdown, there is an immediate need to take police and legal assistance herein. Your father has no right to take away your certificates and documents. You can file an FIR in this regard immediately and can ask for protection against your father. There are a number of helplines available to stop this kind of behaviour in the household. you can go to the website of National Commission for women [https://www.ncw.nic.in/helplines] and find a number of helplines that can provide immediate assistance in this regard. 

Also, you can refer to: https://www.lawyersclubindia.com/articles/Protection-Of-Women-From-Domestic-Violence-Act-97.asp and feel free to contact for all the assistance you need.

Regards

Shreya

1 Like

Dr J C Vashista (Advocate)     13 May 2020

Instead of resorting to legal recourse settle the matter with your father amicably.

Generally no father would like to obstruct career of his daughter, which makes your post as unconviencing and unbelievable.

Although I do not suggest or advise even than if both of you are keen to resort legal option move a complaint u/s 12 of the Protection of Women from Domestic Violance Act, 2005.through a local lawyer.  

G.L.N. Prasad (Retired employee.)     13 May 2020

Generally, it happens only in the case of girls, who wish to get married without the consent of parents and to fly away from parents after getting wings. Involve women's voluntary organization or District Legal Services authority so that they may give counseling to father and may threaten stating consequences of his action towards a major. I have known such cases where police interfered when a grievance petition was given to SP during a grievance day.  There was no complaint etc., and SP who received the grievance made a telephone call to father and sent the constable to collect the originals and within two hours the grievance was closed without a fuss.  Parents are afraid or desist publicity of their strained relations for sake of family prestige.

P. Venu (Advocate)     13 May 2020

Ms. Bhargavi:

Yesterday, you had posted another issue as to domeastic violence suggesting aggravated form of domestic violence.  However, profile-photo suggests you to be a happy-go-lucky girl. Moreover, some other posting has appeared in this platform with the same profile-photo, but a different name.

Are you really facing any such problem or just posting stories , for some fun? If so, post a concise query bringing out all the facts.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 May 2020

1. APPREHENSIVELY, the query is a FAKE, from a stubborn and arrogant Child and the Father has understood his daughter very well.

2. FURTHER, it is now probable that the Fake query was posted to mislead and fool the experts over here.

1 Like

G.L.N. Prasad (Retired employee.)     13 May 2020

When the two queries are studied together, the issues are related and appear to be facts.  In both issues, the relations are very sensitive and require deft handling by negotiation through relatives and friends as the father happens to be a politician with high influence.

1 Like

Dr J C Vashista (Advocate)     17 May 2020

I have also smelled some "foul" and "fake" and gone through profile of the author before submitting my opinion and advise. Now it is confirmed. 

Pragati Bhargav   18 May 2020

a humble request to everyone thinking or smelling "foul" or "fake" facts and also to those saying this is posted for some fun, please do not take someone's life threat as a game. If all this was some "fun" to me i wouldn't have posted something so critical on an informative app. Nobody likes to advertise their problems anywhere, it's just due to not having any sort of financial assistance i cannot consult any lawyer, so my friend suggested me to use this app. Looking at someone's profile picture which is years old fyi, judging and commenting on her current condition is baseless and very much senseless. After multiple requests to my father and grandfather and after being fed up of their physical and mental torture, my mother, sister and I have decided to take legal help because that's the only option left.
anyways i would like to thank those who have actually helped and given proper suggestions, really very much appreciate the help.

G.L.N. Prasad (Retired employee.)     18 May 2020

@Pragathi Bhargav

None of the members are having any personal grudges against anyone who seeks guidance..  If adequate facts are not stated in query and if the query is limited to one or two sentences for a complicated problem, like a Policemen, who smells foul out of his expertise, someone may doubt the facts posted.  Please do not take it seriously, and follow your own instinct and take guidance from those relatives/friends who are much aware of your personal position and facts..  You are already subjected to harassment from father and others at this age, and if some post offends it may appear to you that they are sprinkling salt on your wounds.  The comments if any from our members are unintentional and not to hurt any member..  Sorry on behalf of the entire members who hurt your feelings unintentionally.

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