In a recent decision by the Bombay High Court, Mr. Vishwesh Dogra Suvarna successfully challenged an earlier decision to have his missing father, Mr. Dogra Venkappa Survarna, officially considered dead. The case, overseen by Judge Jitendra Jain, shows how complicated it can be when someone goes missing and the legal system gets involved.
Mr. Vishwesh Dogra Suvarna, originally from Mumbai, filed a case against the State of Maharashtra. His father, Mr. Dogra Venkappa Survarna, went missing on April 8, 2003, while going for a medical check-up. Despite efforts to find him, including police complaints and newspaper ads, he was never found.
On October 31, 2015, the trial court turned down Vishwesh's request to declare his father dead. The court said there wasn't enough proof about Mr. Survarna's memory loss and other family members. However, they did recognize the police reports and other documents confirming he was missing.
Vishwesh showed several documents to support his case: - Missing Person Report: Filed with the police, confirming he had been missing since April 2003. - Police Certification: Given on November 26, 2011, stating Mr. Survarna was still missing. - Advertisements: Published in Marathi and Kannada newspapers offering a reward for information. - Identity Documents: Including a birth certificate, passport, and ration card, confirming Vishwesh's relationship to Mr. Survarna.
Vishwesh's legal team argued that according to Section 108 of the Indian Evidence Act, 1872, a person is assumed to be dead if not heard from for seven years. This was a key point in changing the initial court's decision.
"If a person is not heard for 7 years by those who would naturally have heard of him if he had been alive, then it is presumed that such a person is dead."
On January 29, 2026, Judge Jitendra Jain decided in favor of Vishwesh, overturning the earlier decision. The court declared Mr. Survarna presumed dead as of April 8, 2010, seven years after he disappeared.
The court's decision allows Vishwesh and his family to officially consider Mr. Survarna as deceased, bringing them some closure and the ability to proceed with any necessary legal and personal matters.
