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Court dismisses son's plea to declare foster mother dead

Press Trust of India  |  New Delhi 

Civil Judge Snigdha Sarvaria said the foster son was not entitled for relief following the death declaration, as some circumstances raise "suspicion" regarding the case in which the woman was stated to be missing after her discharge from a psychiatric hospital in July, 1993.

Twelve years after his foster mother went missing, the man had filed a petition in 2005 seeking a court declaration about the death under the Specific Relief Act.

In the petition, he citied a provision of the Evidence Act under which a person can be declared dead if there is no information about him/her for over seven years.

The man had said he admitted his mother to Institute of Human Behaviour and Allied Sciences (IBHAS) in May, 1993.

She was discharged from there after nearly two months and since then she is missing.

The court, however, said he had admitted his mother to the hospital without any reason.

"The fact that she was discharged within less than two months time also raises a presumption that the plaintiff had admitted her without neither rhyme nor reason and was visiting her daily for his ulterior motives.

"The doctor, who recommended his mother to have been admitted in IBHAS, has not been examined. No medical history of her has been placed on record," the judge said.

The man had neither got the missing report of his mother, Ratna Kwatra, published in newspapers, television or radio nor placed on record any document related to filing of a missing complaint, the judge said.

"These circumstances raise serious suspicion regarding the case of the plaintiff and thus, in view of the discussed circumstances as well as the case laws discussed, I am

First Published: Wed, September 26 2012. 18:15 IST