INDRABAYE Vs. DORESSAMY NAIKER

JUDGEMENT

(1.) The appeal arises out of the judgment and decree dated 2.1.2002 made in O.S. No. 80 of 2000 decreeing a suit for partition and separate possession of respondent's half share in the suit properties. The correctness of the said decree is canvassed in this appeal.

(2.) The brief facts are: The appellant and the respondent were wife and husband. The marriage that took place between the appellant and the respondent on 6.9.1965 was dissolved by a decree of divorce granted by the High Court of Creteil, France on 25.3.1998. On the marriage being dissolved, the spouses are entitled to have half share each in the property that belonged to the "Communate legale." On the aforesaid ground, the respondent sought for decree for partition before the Family Court, Pondicherry. Before the Family Court, Pondicherry it was the defence of the appellant that the High Court of Creteil, while granting divorce dated 25.3.1998, also ordered for partition of the property of spouses as envisaged under the French legal system. That judgment of the High Court of Creteil dated 25.3.1998 was marked as Exhibit A-13 and the translated copy was marked as Exhibit A-14. As per that judgment, the Court, while considering the question of divorce and the consequence of divorce, had decided the share of the parties and had also provided for liquidation of the spouses' joint assets. As per the said judgment, the parties are at liberty to move the President of Paris, Interdepartmental Chamber of Notaries or the person whom he delegates with this operation for liquidation of the matrimonial settlement.

(3.) In view of the judgment, it was contended that the present suit before the Family Court, Pondicherry was barred by res judicata and the respondent was at liberty to seek execution of the decree of the High Court of Creteil. Therefore, the suit for partition was not maintainable. The Family Court negatived the contention and granted the relief. Hence this appeal.