JANAK DATWANI Vs. JASKIRAT SUKHWANT SINGH DATWANI

JUDGEMENT

(1.) This is a suit for declaration, partition and permanent injunction with respect to 38% share of the defendant in the property No. 6, Friends Colony (West), New Delhi 110065 (hereinafter referred to as "the suit property"). The factual matrix which gives rise to the said dispute is discussed below.

(2.) The plaintiff and the defendant are both residents of Paris, France. In the year 1980, they had solemnized their marriage as per Hindu rites, at Amritsar. After marriage they took up residence in France. The marriage was dissolved after the defendant moved the Country Court, Paris in 2001 and the Court subsequently in 2005 granted divorce under the French Law. The plaintiff, in the suit, states that the "parties had agreed voluntarily to change the law applicable to their matrimonial system and embraced the French laws".

(3.) In accordance with the matrimonial property law in France, the Country Court, Paris also directed for the liquidation and the sharing of the property interests of the married couple, i.e. parties to this case. It, therefore, appointed the President of the Interdepartmental Chamber of Advocates of Paris, (with the faculty of delegation) to proceed with the liquidation of the respective rights of the parties.