GURSHARAN SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) The appellant had filed a petition for annulment of marriage under Section 12 of the Hindu Marriage Act, 1955 . The said petition was filed by the appellant through his mother Gurdev Kaur alleging that his marriage with the wife-respondent had been brought about by coercion and his mother, who is his natural guardian, was forced to agree to this marriage on the threat that if she did not agree to it the appellant would be killed. The petition was dismissed by the learned Additional District Judge, Faridkot, vide his judgment dated 21.12.1984. The appeal has again been filed by the appellant through his mother, the natural guardian.

(2.) This case was adjourned sine die on April 13, 1987. It is revealed from this order that the appellant had attained majority on 20.12.1986. This order was passed in C.N. No. 846-CII of 1987 filed by the respondent wherein it was alleged that the appellant had died during operation Blue Star.

(3.) The learned counsel for the respondent contends that Section 108 of the Indian Evidence Act envisages that when a person is not heard of for a period of 7 years or more, he is presumed to be dead. The counsel further contends that the whereabouts of the appellant Shri Gursharan Singh are not known since 1984. As such, it is presumed that he had died. No application has been moved for hearing of the case nor anybody has put in appearance for the appellant. Therefore, this appeal deserves to be dismissed.