My client’s husband is not heard and known since 2003. I want to move an application for declaration of his civil death. However, no police report was made till now for missing of her husband. What would be the impact of absence of police report in the instant case? Kindly suggest the appropriate course of action.
In light of Sec. 13 of the Hindu Marriage Act, if the person is not heard for seven year or more by those who would naturally have been heard of him if he is alive, the person is presume to be dead. This section is to be read with sec. 108 of Evidence Act which provides for presumption of civil death. However as far as the police report for missing is concern, the Act itself is silent upon the same. I have doubt that non-reporting to the police may have negative impact on my case. Apart from this, the will of deceases father of her husband itself mentioned about missing of his son and all the property is devolved in favour of my client. Is it enough to establish my case.
Yes. Mr. Siddarth, you are correct. FIR may be helpful but not must thing. Not lodging FIR cannot impede you to get the decree what you want. You file a petition making father, mother and brothers of the husband as respondent party and they come to the court and give a statement on oath that they have not heard about him for the last 7 years. Then the court also direct for paper publication. After that, the petitioner will be granted divorce decree on the ground of civil death of husband.