Marriage Registration

The general presumption under the Indian Evidence Act, 1872 is that if a person has not been heard of for 7 years by those who would naturally have heard of him if he had been alive, he may be presumed to be dead and matters proceeded with accordingly.

 However, such a presumption is always rebuttable if the person is later found to be actually alive.

I endorse in toto of Mr. visha's point of view in law

i agree with vishal 

I    agree    with   Advocate     A.  V. Vishal.

The man has to presume/declare his first wife and son as 'presumably dead' on record, and then declare himself as widower.

And then he can re-marry.

Mere ZERO contact, communication or knowledge of whereabouts, neither he or any other can call wife and son presumed dead (unless Govt asks for whereabouts and declares a person dead).....

A man in 70's and wife in 60's.

Wife retired govt employee.  Wife goes missing since the age of 61 ........missing for a few years now...

By now she would be 69.....Wife's pension keeps getting deposited in a joint a/c automatically.....let's say...

Can husband keep getting the pention of wife?...

Govt  asks for the where-abouts whether she is alive or not.....Of course husband is entitled to get half of pension at least but...but may not get full pension after 7 years of 'missing' status of wife.

Please correct me if my info is wrong.........