ANICE Vs. JOHN

JUDGEMENT

(1.) The issue involved in this case is as to the validity of the gift deed executed by Aleykutty in favour of her son-in-law in connection with the marriage. Aleykutty executed the gift deed in favour of John on 13.2.1985. It is stated in the deed that it was executed in favour of John, being a bridegroom, and given the property as a gift in connection with the marriage proposed to be solemnized between John and daughter of Aleykutty, namely, Anice on 17.02.1985. The total extent of the land is 80 cents. Anice married John on 17.02.1985 in accordance with the Christian religious rites. They lived as husband and wife for long. The dispute between them arose in the year 2011 onwards. A divorce petition filed by Anice was allowed in the year 2012. In between the marriage and divorce, John sold some portion of land to many persons including in favour of respondents 2 to 5. Aleykutty also purchased 3 cents. However, there is no dispute to the fact that after the sale as above, there exists balance property in the name of John.

(2.) Anice approached the Family Court, Thodupuzha. Her prayer is to cancel all deeds in favour of John and the purchasers. Her petition has been dismissed. It is challenging this, Anice has come up with this appeal.

(3.) What is the nature of transaction by way of a gift deed is the simple issue involved in this appeal. According to the appellant, John is only a trustee and entitled to hold the property in trust during the subsistence of marriage and therefore, on extinguishment of trust, the entire documents created in favour of John and others will have to be cancelled. Perhaps, the prayer as such sought in the petition, paved way for dismissal of the petition. A deed cannot be cancelled except in accordance with Section 31 of the Specific Relief Act. Further, Anice is not an executant of the document and therefore, she cannot seek cancellation.