by K.C. Vijayan, Law Correspondent

THE family of Mr Asari Kartubi was used to his absences from home, until he remained incommunicado for years.

On Wednesday, the High Court declared he was dead as there had been no sign of him since 2001, more than the seven-year time limit under the law for someone to be presumed dead.

His family believes he disappeared with his sampan off the waters of Batam in March 2001. He was then 54, and five months away from his next birthday.

Missing for over 7 years? Court might not rule a person is dead

The man had gone to the United States and cut off all ties with the family following a quarrel with his wife in 1979. He had called home only once - in 1994 - to authorise his elder daughter to act for him in the divorce suit.

His younger daughter went to court to seek a declaration that he was dead so that his CPF savings could be released to the family. JC Phang refused to grant the application, given that the father was estranged from the family and did not want to have anything to do with them.

To presume he was dead would require the father not to have been heard from for seven years by those who naturally would have heard from him. JC Phang said that in light of their broken relationship, the family would naturally not have heard from him. In any case, they had not done enough to find out if he was still alive, he said.

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