MAUNG PE Vs. MA LON MA GALE

JUDGEMENT

(1.) This is an appeal from a judgment of the Chief Court of Lower Burma on its appellate side reversing a judgment in favour of the present appellant, who was plaintiff in the action, and directing that his suit be dismissed with costs. The respondent did not appear on this appeal.

(2.) The appellant and respondent were Burmese Buddhists, and up to the 6th June 1907 were husband and wife. Sometime prior to that date the husband filed a suit against the respondent for dissolution of the marriage.

(3.) The alleged ground of divorce was that the respondent had, by sundry fraudulent devices, stolen certain jewels which were the property of the appellant. The question as to whether or not this is an adequate ground for a divorce according to Burmese Buddhist law has not been argued either in the Courts below or here, and their Lordships express no opinion upon it. It is sufficient to say that the divorce was granted, and its validity is not contested. The present dispute is concerned solely with the claim of the appellant to have the property in which the spouses were interested distributed, or dealt with according to Burmese Buddhist law.