Case Summary
Dr. Cherian George is seeking a declaration of civil death for his missing wife, Smt. Beena Cherian, who has been missing since 10-02-2008. The defendants are the children of Dr. Cherian George, and they are involved in the case regarding the access to her bank deposits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court declared the civil death of Smt. Beena Cherian. The parties were directed to bear their respective costs.
Why Plaintiff Won:
The plaintiff provided sufficient evidence that Smt. Beena Cherian has been missing for over 14 years, thus warranting a declaration of civil death.
The plaintiff provided sufficient evidence that Smt. Beena Cherian has been missing for over 14 years, thus warranting a declaration of civil death.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence that Smt. Beena Cherian has been missing for over 14 years, thus warranting a declaration of civil death.
The plaintiff provided sufficient evidence that Smt. Beena Cherian has been missing for over 14 years, thus warranting a declaration of civil death.
Supporting Evidence
I am of the opinion that the plaintiff has made out enough and more evidence in the case at hand, to warrant the declaration of civil death of the said Beena Cherian.
Judgment Evidence:
In the result, the suit is partly decreed as follows: a. The civil death of Smt Beena Cherian, wife of the plaintiff is declared. b. The parties are directed to suffer their respective costs to the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Cherian George
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheethal Rodrigues
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sangeetha Cherian
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sinitta Jovial Kannampuzha
- Party Age
- 32
- Relation
- D/o
Plaintiffs Documents
Fixed Deposit receipt bearing No. 20040929, Ration Card bearing No. 1736154885 of Dr. Cherian George, Marriage Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Archana P. Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vishnu R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aiswaria Devi R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of civil death of Smt Beena Cherian.
Evidence:
In the result, the suit is partly decreed as follows: a.The civil death of Smt Beena Cherian, wife of the plaintiff is declared.
Relief Type:
Declaration
Outcome:
Rejected
Description:
Declaration with respect to the bank accounts of Smt Beena Cherian.
Evidence:
I am of the opinion that the plaintiff is not entitled to relief of declaration with respect to the bank accounts as sought for.
Documents & Evidence
Document Type:
Fixed Deposit Receipt
Submitted By:
Plaintiff
Relevance:
The court referred to this document to establish the existence of a fixed deposit belonging to Smt Beena Cherian.
Reference:
Ext.A1
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
This document was marked to support the identification of Dr. Cherian George.
Reference:
Ext.A2
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
The marriage certificate was referenced to establish the relationship between the plaintiff and Smt Beena Cherian.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence was provided by the plaintiff and his sister in court.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Dr. Cherian George vs Sheethal Rodrigues et al regarding declaration of civil death
Case Code Year
Case between Dr. Cherian George vs Sheethal Rodrigues et al regarding declaration of civil death