SHEELA Vs. SURESH

JUDGEMENT

(1.) By reference order dated 13/11/2019, the above matter has been referred for the consideration by the Full Bench. The question involved is 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. Reference is also made to the judgment of another Division Bench in Bindu K.P. / v. Surendran C.K. . [2018 (2) KHC 1] wherein it was held that the claim of the wife or ex-wife for a dowry is not barred by any length of time.

(2.) In Bindu K.P.'s case (supra), this Court held at paragraph 12 as under: -

(3.) The learned counsel Sri. S.K. Balachandran appearing on behalf of the appellant has placed before us the following judgments: -