JUDGMENT :

D. Bharatha Chakravarthy, J.

Prayer: First Appeal filed under Section 96 of C.P.C r/w under Order 41 R 1 of C.P.C to set aside the preliminary judgment and decree dated 30.01.2017 made in O.S.No.4 of 2013, on the file of the learned Family Court Judge, Puducherry.

A. The Question:

1. We are called upon to resolve a conundrum under Private International Law/Conflict of Laws, involving French Law, as to, “Whether or not a wife, who has suffered a decree of divorce in the Court of Superior Instance at France with further orders of liquidation of property, can maintain a suit for partition and separate possession of her half share in the community properties before the Family Court at Puducherry, without applying to the Notaires with the respective Chamber of Notaires at France, within a period of three months, in view of Article 1444 of French Civil Code?“

B. The Foreign Element :

2. In this case, the Appellant/Defendant, was the Husband and the Respondent/Plaintiff was the wife, since divorced. For the sake of convenience, they are referred as Husband and Wife, in this judgment. Both parties to the suit, are admittedly French Nationals and their claims and contentions relate to