LAWS(GJH)-2023-2-1807

VASAVA VANITABEN GIBIYABHAI Vs. TALATI-CUM-MANTRI

Decided On February 17, 2023
Vasava Vanitaben Gibiyabhai Appellant
V/S
TALATI-CUM-MANTRI Respondents

JUDGEMENT

(1.) Heard learned advocates for the respective parties.

(2.) The case of the petitioner is that she is a resident of village Moti Singloti, Ta. Dediapada, Narmada district. Her husband namely Gibiyabhai Chagdabhai Vasava died on 4/6/2013 inasmuch as the dead body of her husband was found from Heran river at village Garda on 4/6/2013. On 4/6/2013, the petitioner received a call from the Sankheda Police Station and when she reached the police station she was informed that the dead body of her husband had already been cremated. On the basis of the photographs and the clothes found on the body, the petitioner was made aware of the fact of her husband's death.

(3.) Mr. Vijay Nangesh, learned advocate appearing for the petitioner would submit that a police report which is annexed to the petition clearly indicates that on investigation and having found the body from the banks of river Heran which was in a decomposed condition, after the inquest before the body could be handed over to the petitioner, it was cremated. He would submit that when the petitioner approached the competent authorities under sec. 13(3) of the Registration of Births and Deaths Act, 1969, the same has been rejected on the ground that it is difficult to ascertain the actual date of death.