Lawstreet Journal

No Bar of Limitation in a Suit for Divorced Wife to Claim Property Entrusted with Husband: Kerala High Court

Lawstreet Journal 30 Nov 2020 7:51pm

Image courtesy: Lawstreet Journal Judiciary No Bar of Limitation in a Suit for Divorced Wife to Claim Property Entrusted with Husband: Kerala High Court

An appeal was recently filed in the High Court of Kerala, against the Order of Family Court, Thrissur involving the question that whether trust created by a wife entrusting her property to her husband gets extinguished after the dissolution of marriage and whether she can initiate proceedings invoking section 10 of the Limitation Act, 1963, without any limitation of time.

The full bench discussed the appeal at length and thereby the bench agreed with the law laid down in Chacko v. Annamma (1993 (1) KLT 675) and the bench also upheld the view expressed in Bindu K.P. v. Surendran C.K. [2018 (2) KHC 1].

The bench also propounded the settled law and stated that when the wife entrusts with the husband any property belonging to her, a trust is created and the husband is bound to return the same to his wife. If the same is not returned, the wife has a right to demand the same by filing a suit or as in the present case, file an application before the Family Court or take other necessary steps under the relevant statutes in force.

The bench also examined the eventualities mentioned in Sec. 77 of Indian Trust Act, 1882 to decide once a trust is created, how it gets extinguished, or whether it continues to operate or not.

The bench highlighted the case of ornaments by stating, “Wherein ornaments are given in the form of dowry, definitely, a statutory trust is created. Even otherwise, ifthe… Continue Reading...

Tagged: Divorce   Divorced ex-husband  
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