PUSHPA MANMOHAN UPRETI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, appellant-original plaintiff challenges the judgment and order dated 31 st October, 2018 delivered by the learned Ad-hoc Judge, City Civil Court, Mumbai in Short Cause Suit No.2051 of 2015 by which her suit seeking declaration of civil death of her husband who was not heard and had been missing for more than seven years was dismissed.

(2.) In short, facts are as follows.

(3.) The appellant claims to be wife of Manmohan Upreti. She was married to him on 29 th April, 1997. Her husband was addicted to liquor. He suddenly disappeared on 11 th January, 2004, in the sense, he did not return home. The appellant and her family members waited till March, 2006 with a hope that he will return. However, even after the death of his parents, appellant's husband did not return and, therefore, the appellant lost all her hopes.