My client's husband was last seen in the year 1997. He was working in a bank as a bill collector and for reasons unknown he left the family and never came back.
The Indian Evidence Act says that if a person was not seen for seven years, the presumption is that he is dead. This presumption is rebuttable by the one who asserts that the person in question was seen within this seven years and the onus is on him to prove the same.
Keeping in view the above stated position my client applied for the terminal benefits of her disappeared husband from his erstwhile employers.
Though the Bank has in principle agreed to disburse the benefits, is making my client run from pillar to post asking her fill an endless list of forms, affidavits and undertakings.
Let us hope that she does not disappear meanwhile unable to bear the red tapism of this bank. Dont we get a clue as to why their employee disappeared seven years back
10 comments:
Hi, Thanks for stopping by.
I sure hope that the woman gets all the benefits...she's suffered [I assume]these 7 years. I pray that she does not suffer more.
HI archana,
Thanks to you too.
She did suffer all these years her husband left her and their 3 kids, whom she had to singularly provide. we see light at the end of the tunnel
Hi Vasu,
nice e-blog u got. Will look forward to more interesting blogs from you.
hey ambrish
thanks for your words bro. please keep frequenting
Husband ai tholaitha kashtam pathadhunnu idhile idhu vera.
vasu please write more often.
it's good to know a lawyers blog.
Came here thru chakkara's blog.
prabhu,
thanks for your kind words. for a person who is in the early days of blogging such words alone could inspire to continue.
I too visit chakkrapani's blog regularly
I re-read this blog today Vasu, why should this woman have to run from pillar to post? Why can't she ask a court to declare her husband deceased and then direct the bank to fork out the benefits to her within a specified time period ? If they don't do it, she could file for contempt of court.
ambrish,
the bank volutarily agreed to give her the benefits its only the staff who are unable to spell out the exact formalities, give her one paper a day to fill out.
there is no necessity for a declaration that her husband is dead as there is a clear presumpton in law
She is also expecting a job on compassionate grounds, so it was thought fit not to move the courts before she could get the job
Vasu .. this site looks great !! keep up the good work and i'll keep coming back :)
Thanks Mimi,
I will be expecting you
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