In a groundbreaking ruling, the High Court of Judicature at Allahabad, Lucknow Bench, issued a significant judgment regarding the declaration of civil death for missing persons.
The case, which involved an appeal against the dismissal of a suit for the declaration of civil death, saw Justice Arun Kumar Singh Deshwal delivering a comprehensive verdict on February 28, 2024.
The case was brought forth by appellant Smt. Raeesa Bano against Smt. Tabassum Jahan and others. The appellant sought to have her husband, Akhtar Ali, declared dead under the presumption outlined in Section 108 of the Evidence Act, as he had been missing
The crux of the matter revolved around the appellant’s desire to claim her husband’s service benefits, given his extended absence.In his eloquent delivery, Justice Arun Kumar Singh Deshwal, underscored the fundamental legal principles at play, stating, “A suit for declaration of civil death of another person on the part of a legal heir is virtually a declaration of legal character as mentioned in Section 34 of the Act, 1963.” He emphasized the importance of recognizing the rights of legal heirs to seek such declarations, especially when they stand to benefit from them.
The court meticulously examined previous judgments, including those from the Bombay High Court and the Supreme Court, to establish the legal framework supporting the appellant’s case. Notably, the judgment referenced the apex court’s observation in LIC of India v. Anuradha (2004), which upheld the validity of suits filed by legal heirs for declarations of civil death.
Moreover, Justice elucidated on the essence of Section 34 of the Specific Relief Act, 1963, noting, “From the perusal of Section 34 of the Act, 1963 and its proviso, it is clear that it does not bar the suit for declaration of civil death of a person, but it simply regulates the suit which is in the nature of mere declaration without seeking further relief.” The court’s ruling resonated with clarity and compassion, recognizing the plight of individuals like Smt. Raeesa Bano who seek closure and legal recognition of their missing loved ones.
Justice further elaborated, “Declaring a person’s civil death is a substantial relief and has an immediate consequential effect.”
This acknowledgment underscores the significance of the court’s decision in providing relief and closure to families affected by prolonged disappearances.
In light of the compelling arguments presented and the clear legal precedents established, the High Court overturned the previous judgments and remanded the case to the lower court for fresh consideration.The directive also urged expediency, with a mandate for completion of proceedings within three months.
Case Name: Smt. Raeesa Bano Vs. Smt. Tabassum Jahan And Ors
Case No.: SECOND APPEAL No. – 428 of 2016
Bench: Justice Arun Kumar Singh
Order Dated: 28.02.2024
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