مؤسسة حياه للتنمية والدمج المجتمعي Development and community integration
Long years and she suffers from her inability to prove her husband’s absence? Or get a pension that helps her live simple life.
Life Foundation for development and community integration received the case of the “P. A. J.”, which began by recounting her problem, that her husband, Ibrahim, was invited. A. A. “left her and her children and emigrated to work in the State of Iraq on the date of 1989, and his news was interrupted and no postal correspondence was answered in the period of the Kuwait War.
The situation in her and her children continued to suffer due to poor social life and living and lack of income since her husband is the only breadwinner for the family made up of two sons three daughters have left them from childhood and have been forced to work so that they can raise their children and spend them and since the husband’s absence causes many problems for the wife.
After a long period of absence, the wife wanted to provide her with a pension, which would help to fill a portion of the living requirements, but she could not pay the pension because her husband’s death was not due to her legal pension.
so, she went to the foundation of the Al_Zagazig Branch and listed its previous problem, and the legal unit of the institution filed a claim for the death of an absent missing under No. 682 of 2016, the family of Saqr’s children, and the institution’s lawyer extracted a family restriction and a certificate of movement from the Passports and Immigration service and terminated Detective detectives from the Falcon Boys Police station, which reported her husband’s absence for a long time to an unknown place and documents were presented on the absence the husband from the matrimonial home from the date of his travel to the court to bend the dismissal of the case and the case was reserved for the 29/5/2017 hearing for sentencing.
As to the subject of the case, since article 21 of Decree-Law No. 25 of 1929 on certain personal Status provisions, as amended by law, was to be established 33 of 1992 that he (the death of the missing person is condemned four years after the date of his loss and is considered dead one year after the date of his loss in Case if it was found that on board a ship sank or was in a plane that landed or was a member of the armed forces and was lost during the war operations and issued by the President the Council of Ministers or the Minister of Defence, depending on the circumstances after the investigation and the evidence of the loss of the missing persons who were considered dead In the previous paragraph, this decision is based on the death of the missing and, in other cases, authorizes the judge to determine the time for the death of the missing person to be sentenced only to less than four years after being investigated by all possible means connected to knowing if the missing person is alive or dead (article 21 is divided into Ruling on the death of the missing whether his absence is in a situation that is more likely to be fatal, such as those who come out to spend a close need and not return or lose in the battlefield as a number an example of an absence in a situation that is not more likely to perish than to trade or request science or tourism then does not come back and it turns out that these models By providing, but not limited to, and in circumstances that are not likely to be fatal, the text has left an estimate of how long the missing person is sentenced to death to the judge, which is less than four years old, is guided by the absence of a situation that is more likely to be fatal, as the absence of the death is claimed to be slow and to await Return of the missing before the death sentence, taking into account the health of the missing person and the year and the circumstances surrounding his loss and the condition of the text already investigated the missing person before the verdict with his death and that the missing person is considered dead only after he has been sentenced to death and this sentence is final and the verdict is of the nature of his creator and not revealing (the laws of the situation Personal and legal regulation of Prof. Ashraf Mustafa Kamal and Counsellor/Ahmad Nasr al-Guindi 328 and beyond.
