Man declared 'presumed dead' 14 years after going missing

Man declared 'presumed dead' 14 years after going missing

"Pratap Singh is declared to be presumed dead and MCD Commissioner is directed to issue missing-cum-death certificate in this respect and Secretary Pension and Trust, Delhi Transco Ltd is directed to release General Provident Fund, family pension and other benefits to the petitioner as per her entitlement," said additional senior civil judge Gautam Manan, bringing an end to the ordeal of Yashoda Devi.

The court gave its order citing Section 108 of the Indian Evidence Act, which says a person is presumed dead "if he has not been heard of for seven years by those who would have naturally heard of him had he been alive."

The court's order came on the plea of the Delhi Transco Ltd employee's wife, who had to face hardships to have Singh's pension released.

While Delhi Transco Ltd refused to release the pension in absence of his death certificate, MCD refused to issue the certificate for a missing person.

"In view of the fact that there is no evidence that Pratap Singh has been heard after June 23, 1997, the petitioner is entitled for relief claimed by her," the court said.

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