2016 M L D 693
Suit for recovery of dowry articles---Limitation---Divorce between the parties took place on 14-11-1983 and suit for recovery of dowry articles was filed after elapse of 26 years---Neither wife had asserted as to when for the first time she demanded the return of dowry articles nor she had stated about refusal of husband to return the same---Possession of the dowry articles became wrongful with the husband when divorce took place or when there was specific demand for return of the same which was refused by the husband---Wife had neither asserted any specific date for first denial of husband to return the dowry articles nor she could produce any evidence to substantiate her claim that dowry articles were still lying in the possession of husband---Delay in filing suit for recovery of dowry articles would give rise to a presumption of fact that same were taken back by the wife after dissolution of marriage---Suit for recovery of specific movable property could be filed within three years when the property was wrongfully taken or when the retainer's possession became unlawful---Present suit was barred by time.
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