JUDGMENT

(Judgment of the Court was delivered by V.SIVAGNANAM, J)

The defendant in O.S.No.25 of 2012 on the file of the Family Court, Pondicherry, is the appellant herein and the plaintiff/respondent is his wife.

2.For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3.The plaintiff/respondent filed the suit for the following prayer:

(a).Pass a Preliminary Decree for equitable Partition of suit “A” and “B” schedule mentioned properties and separate possession of the suit “A” schedule mentioned property hereto by metes and bounds into two equal shares as between plaintiff and defendant and consequently directing allotment and delivery of ½ share to this plaintiff in A & B schedule properties having regard to the good and bad nature and convenient enjoyment of the house site;

(b).To appoint Advocate Commissioner to effect partition of the suit properties in terms of the Preliminary Decree and Judgment;

(c).Direct the defendant to deliver possession of her ½ share in the suit “A” schedule property as per allocation that may be made by this Hon'ble Court in the Final Decree proceedings;

(d).Pass a Decree of Permanent Injunction restraining the defendant his men, hooligan, servants and agents or anyone claiming under him from alienating or encumbering the suit “A” schedule mentioned property to any third parties in any manner whatsoever;

(e).Directing the defendant to pay costs of this suit; and (f).And pass such other relief as this Hon'ble Court may deem thinks fit and necessary in the circumstances of this case.

4.The plaintiff’s case is as follows:

The plaintiff is the wife. The defendant is the husband. They are French Nationals. They married on 07.02.1979. The marriage was registered at Pondicherry Etat Civil, Pondicherry Municipality vide Registration No.24/1997/PMC as per French Code Civil. They had three children viz., (i).Marie Chantal Ajagaya Le Beau, (ii).Ajagaya Le Beau Blandine and iii.Ajagaya Le Beau Leandre Blaise.

5.The plaint “A” schedule property, which is a house at No.74, Montorsier Street, Pondicherry – 605 001, was purchased by the appellant/defendant by a registered sale deed dated 24.12.1997. The plaint “B”

schedule properties are gold ornaments.

6.The plaint “A” schedule property was purchased during the subsistence of marriage between the plaintiff and the defendant. The plaint schedule properties are form part of the assets of community. By applying the French Code Civil, the plaintiff and the defendant having equal rights and interest in the subject matter of the suit properties. Hence, the plaintiff is entitled to half share in the plaint schedule properties and filed the suit for partition of half share in the plaint schedule properties and for permanent injunction restraining the defendant from alienating the plaint “A” schedule property to the third parties.

7.The defendant filed the written statement and resisted the claim on the ground that the defendant is the adopted son of EMILE AJAGAYA LE BEAU and MARIE JOSEPHIHE CAMALA AJAGAYA LE BEAU. In respect of the same, adoption deed was executed on 22.08.1962. The plaint “A” schedule property belongs to his adoptive mother viz., Marie Josephihe Camala Ajagaya Le Beau. His adoptive mother MARIE JOSEPHIHE CAMALA AJAGAYA LE BEAU executed a registered Will on 20.10.1972 in favour of the defendant. Subsequently, his adoptive mother executed a registered sale deed in favour of the defendant on 24.12.1997. Therefore, the plaint “A” Schedule property is the ancestral property of the adoptive parents of the defendant and his adoptive mother died in the year 2001. Therefore, the plaint “A” schedule property is in his own absolute personal property prior to the marriage with the plaintiff on 07.02.1979. As per the French Law, the plaintiff has no right in respect of the plaint “A” schedule property and she is not entitled to claim any share in the property. The suit for partition has no merit. The plaint ‘B” schedule properties viz.