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Siddharth Kulkarni (Legal Advisor)     01 October 2011

Urgent ! declaration of civil death

Dear Sir,

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.



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 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 October 2011

Dear Friend

As per my knowledge The police FIR is best proof in this matter if you have any other witness in your client relation or her husband friends they also produce in court

Ramrati Kuer V/s Dwarika Parasad Singh, AIR 1967 SC 1134 is the best case in this regard.

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Siddharth Kulkarni (Legal Advisor)     02 October 2011

Sir,

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.     

Adv. Chandrasekhar (Advocate)     02 October 2011

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.

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 October 2011

The factum can be proved by as enshrined in the act.

 

"Unheard by people, who would have normally known about his whereabouts for upto Seven Years"

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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