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2009 Supreme(Mad) 2254

K.RAVIRAJA PANDIAN, P.P.S.JANARTHANA RAJA
Indrabaye – Appellant
Versus
Doressamy Naiker – Respondent


Advocates Appeared:
For the Appellant :R. Subramanian, Advocate. For the Respondent:T.P. Manoharan, Advocate.

Judgment :

K. Raviraja Pandian, J.

The appeal arises out of the judgment and decree dated 02.01.2002 made in O.S.No.80 of 2000 decreeing a suit for partition and separate possession of respondents 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 06.09.1965 was dissolved by a decree of divorce granted by the High Court of creteil, France on 25.03.1998. 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 25.03.1998, 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 25.03.1998 was marked as Ex.A13 and the translated copy was marked as Ex.A14. As per that judgmen















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