Friday, August 1, 2014

SC: Case of a Missing Armyman. Was he dead? Was he a deserter? Is widow entitled to pension?

Principles of Law: 

If nothing is heard of a man for 7 years, the court may presume him dead for legal purposes.


1967, a man joins Army.

1977: Army writes to his wife that the man has disappeared.

Army treated the man as deserter and forgot about him.

After 7 Years, the widow seeks legal help. 

Case is filed to declare that the Man about whom nothing is heard since 7 years, be declared dead and her widow may be given pension as per rules.

All courts below directed Union of India to pay pension to widow as per rules.

They rejected the theory of Army that the man had deserted.

Supreme Court dismissed case of Union of India.

Some of the queries put to Senior Counsel by Supreme Court were:-

1) Why the Mighty Union of India is fighting so much against a rustic widow? 

2) If the man was deserter, was it not duty of Mighty Union of India to prove to courts bellow that he was alive somewhere ?

At last, finally, the rustic poor woman succeeded in getting justice as per law. 

I do not know how this poor woman may be surviving all these years, while fighting legal case.. I am sure a lot of lawyers may have worked without fees to fight her case...  

The lawyers do make some money. But there are many many lawyers in India who consider it their duty to help poor litigants.

Haresh Raichura

(Source- Tweets)

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