Woman wins legal battle to get hubby declared 'civil dead'

KANPUR: A woman whose husband went missing in 2002 had to fight a legal battle to get his 'civil death' declared which could enable her to get government service on compensatory grounds besides all funds and gratuity.

As per law, if any person is not seen or anything heard of him for seven years, then a court can declare it as a case of 'civil death'.

Susheela Devi

, whose husband Kamal disappeared in 2002, filed the case in a lower court in 2009 but lost in 2015. She moved a higher court and ultimately got an order in her favour on February 28, 2018.

"Kamal, a resident of

Chunni Ganj

, was a class four employee of

Kanpur Municipal Corporation

(KMC). He disappeared on January 12, 2002 while on duty. His wife Susheela Devi lodged an FIR at Colonel Ganj police station on January 16, 2002 about her husband going missing but police failed to trace Kamal," her lawyer Manish Sharma told TOI on Thursday.

After seven years and eight months of lodging the FIR, Susheela filed a case in the court of additional civil judge (junior division) and sought declaration of her husband's civil death in the year 2009.

After six years, the presiding judge ruled that the plaintiff had failed to establish the death of her husband Kamal. Susheela Devi filed an appeal in the court of district judge pleading that the impugned order passed by the lower court should be cancelled and death of her husband Kamal be declared.

The appeal was heard by additional district judge (VIIth) of Kanpur Nagar.

The presiding judge, after going through evidence and reports of police and other government institutions, passed an order in favour of Susheela Devi, declaring civil death of Kamal on February 28, 2018.

The judicial official stated in his order that Susheela Devi had successfully proved that nothing was heard about Kamal in last seven years. Therefore, civil death of Kamal was being declared.

Giving this information, Sharma said that this was the second case in which court had awarded a certificate of civil death. Now, under the law, she is entitled to get government service on compensatory grounds besides all applicable funds and gratuity.


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