MUKESH J SHAH Vs. KIRAN MUKESH SHAH NEE

JUDGEMENT

(1.) By the present Petition, the Petitioner seeks interlocutory reliefs under Section 9 of the Arbitration and Conciliation Act, 1996 pending arbitral proceedings that the Petitioner proposes to initiate.

(2.) The Petitioner (Mukesh) is the husband of Respondent No. 1 (Kiran) and the father of Respondent Nos. 2 ( Jigar) and 3 (Kinjal). Mukesh and Kiran have admittedly fallen out. On account of their differences, and with a view to a dissolution of their marriage, Mukesh and Kiran along with their children, Jigar and Kinjal entered into a document styled as a 'Memorandum of Arrangement of Family Settlement' dated 25th April 2017. The Memorandum, to the extent that it is material, is reproduced hereinbelow:

(3.) Flat No. 902 in the building Mayfair Kumkum in which the family was staying was indeed sold as proposed in the Consent Terms. According to Mukesh, an amount of Rs. 2,57,00,000/- out of the sale proceeds was paid over to Kiran, Jigar and Kinjal and in addition thereto, a further sum of Rs.5,00,000/- was paid over by him to Kiran. Kiran, on the other hand, contends that only a sum of Rs. 1,01,00,000/- was paid over to her and a sum of Rs. 28,00,000/- to each of the children i.e. Jigar and Kinjal, thus making in aggregate a sum of Rs.1,57,00,000/-. While Mukesh and Kiran in April 2017, filed a Divorce Petition by mutual consent in the Family Court at Bandra under Section 13B of the Hindu Marriage Act, 1955, according to Mukesh, after receipt of the said sum of Rs. 2,57,00,000/- and a further sum of Rs.5,00,000/- which he claims to have paid in excess, Kiran withdrew her consent to the grant of divorce. As a consequence of this withdrawal, the joint petition filed by Mukesh and Kiran for divorce came to be disposed off by an order dated 20th January 2018 of the Family Court. Prior to withdrawing her consent on 20th January, 2018, Kiran had also filed M.J. Petition no. C-289 of 2017 along with an interim application seeking maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956 as also seeking an injunction under Section 39 of the Specific Relief Act read with Order 39 Rule 1 of the Code of Civil Procedure, 1908 restraining Mukesh from creating third party rights in respect of certain properties.