Abscondence for 7 years

@Author,

1. Your freind's wife got absconded for last 7 year's, so in this case in legal term's if no whereabout of a person not less than 7 year's then he/she is declared as dead.

2. In his case if the FIR been registered not exceeding 7 year's then still he has to wait for such time when he could legaly declare her dead.

3. But,here he had got ex-parte divorce without any set aside and most probably the limitation of time to be appealed would have also been lapsed.

4.As per your query it is not clear that she was the nominee,first person or the prime account holder of that FD which has to be encashed??

5. The encashment of FD can be done by either death certificate or by her willingness

6.if that FD whole and sole belong's on her name.So,either wait for her declaration of death or search her for the same.

Dear Sufferer,

                           Thanks for the advice.The fdrs stand jointly and her name is 2nd .She took all her nuptial ornaments from my friend and gave receipt of that .My friend had given her every thing which belonged to her except his money..She was astrologer and having illcit relation with some Bhondubaba.and ran thrice with him.As 7 years will  be completed on 12/03/2014 .What steps my friend has to take for getting her declaration of death or death certificate itself.What is the procedure in this regard? Has interference of any advocate been necessary?

No sir, what you are proposing is totally illegal.  i sympathise your (your friend's) case.  But that is not the way to solve this knotty problem.  In law, there is a concept of "legal death".  "If a person has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive", such person can be treated as died.  But such declaration is required to be obtained from the competent court.  I do not know on what ground the divorce has been granted, as in divorce case also, "legal death" is one of the grounds.  If he obtained the divorce on the ground of legal death, or she renounced the world by entering any religious order or on the ground of adultery, I do not know and hence cannot comment about the ex-party divorce, but one thing is sure that in the case of divorce on the ground of legal death, it will not be ex-parte divorce.  Any how, I revert to your immediate problem.  If she is alive and you know about that, you cannot invoke the provision of 'legal death'.  So, you can file a civil suit making her and bank also party,  where you seek the court's direction to her to come and sign the FDR maturity form or in her absence or after her refusal to do so, the bank may be directed to make the payment of FDR after obtaining your signature only along with indemnifying bond.

To

    Ad. Chandrasekar

                                            The ex-parti dirvorce reason were adultery and mental cruelty.I want to know what is the procedure.Does it need an advocate or my friend himself will do this?

@Author,

The declaration of her death will only obtain when his FIR on whereabout will proceed and after 7 year's when no clue of her will be found then court will declare her as dead.

For your second querry,if  he had joint FD then talk to your Banker as he is also the partially owner of such FD.

If FDR can be realized with the condition that "either or survival", but with your friiend's signature it can be realized.  Otherwise, a civil suit is required to be filed and advocate's assistance is required.

But what is the procedure for taking declaration of death certificate from court?