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O.S No. 646/2022

Case between Dr. Cherian George vs Sheethal Rodrigues et al regarding declaration of civil death

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-03-04
Duration
approximately-17 years 21 days

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
The court declared the civil death of Smt. Beena Cherian. The parties were directed to bear their respective costs.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
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.

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

Plaintiffs

Dr. Cherian George (68 years) Puthanangady House, Green Valley Road, V.H. Colony, U.C College P.O, Karumalloor Panchayath, Aluva West Village, Aluva Taluk

Defendants

Sheethal Rodrigues (40 years) 24, Duffel Cresecem, George Town, Ontario, Canada, L7GOM1 Sangeetha Cherian (36 years) 3910, Lodi Road, Burligton, Ontario, Canada L7M 0Z5 Sinitta Jovial Kannampuzha (32 years) 211, N Eddy Street, South Bend Indiana, U.S.A, 46617

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:

Quick Facts

Location
Ernakulam
Case Filed
Sun, 02/10/2008 - 12:00
Outcome Confidence
80%

Involved Entities

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