Wife cannot seek declaration from Court that her husband is dead

It is not competent for the Court to entertain a suit filed by wife claiming declaration that her husband having not been heard for last 23 years, is dead.

Section 34 of the Specific Relief Act does not sanction every form of declaration. It sanctions only a declaration that the plaintiff is entitled to a specific legal character or to any right as to property. Only that person can have the remedy of obtaining decree of declaration, who is entitled to any legal character, or who has any right to anyproperty.The existence of the defendant who denies or is interested to deny the legal character is necessary and in absence thereof, no declaration flows from Section 34 of the Act as claimed by the wife. Thus, no such declaration can be granted in a suit filed by a wife that her husband was dead.