Two points arise in this Civil Revision Petition for consideration. The first is, whether the respondent, who happen to be the appellant in the lower Court, has proved herself to be still a wife or a widow. The question of her being a wife or a widow will turn upon the fact as to whether there is satisfactory proof of the death of her husband. It is common ground that the husband has not been heard of for the last four or five years. Under sections 107 and 108 of the Evidence Act the burden is on the person who asserts that the man is dead or alive to prove that he is dead or alive as required by the sections. In this case on the evidence it is difficult to hold that the respondent has become a widow. The evidence is not satisfactory on that aspect of the case. There is no proof that the husband has not been heard of for seven years by those, who would have naturally heard of him if he were alive. It has, therefore, to be held that the respondent has not discharged the burden that lay on her to prove that the husband was dead in order to enable her to attain to the position of a widow. If she was a widow, then certainly the second question would be easily answered in her