For The Presumption That Wife Who Is Not Seen For Seven Years Is Dead, Husband Has To First Approach Civil Court For Declaration : Karnataka HC

"There is no scope for presumption that wife would be dead, in case if she is not seen for about seven years. For the purpose of the said presumption law provides that the husband has to approach the civil court seeking declaration that his wife is dead. Instead of approaching the civil court and obtaining decree, respondent has presumed that she must have died and had contracted second marriage, which on the face of it is misconduct. "