Karnataka High Court
Sirsendu Roy vs Smt. Anamika Roy Aka Anamika Banerjee on 27 September, 2018
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER 2018
BEFORE
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.14627/2018 (GM-FC)
BETWEEN:
SIRSENDU ROY
AGED ABOUT 47 YEARS
S/O SRI NIRMALENNDU ROY
ANSALDO STS TRANSPORTATION
SYSTEMS INDIA PVT. LTD.
SLV COMPLEX, #35, 80 FEET ROAD
4TH BLOCK, AVS COMPOUND
KORAMANGALA
BENGALURU 560034
...PETITIONER
(BY SRI.JAMES P ARUN KUMAR, ADV.)
AND:
SMT. ANAMIKA ROY AKA ANAMIKA BANERJEE
AGED ABOUT 42 YEARS
W/O SRI. SIRSENDU ROY
LAST ADDRESS KNOWN
D-702, PURVA BELMOUNT
KANAKAPURA ROAD,
6TH PHASE, JP NAGAR
BENGALURU 560078
...RESPONDENT
(BY SRI. VISHWANATH VENKATESH, ADV. )
THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
2
THE ORDER DTD. 17.01.2018 VIDE ANNX-P PASSED IN MC
2670/2014 ON THE FILE OF PRINCIPAL FAMILY COURT
JUDGE, BENGALURU, AND TO FURTHER DIRECT THE
FAMILY COURT TO RECORD THE SETTLEMENT
AGREEMENT, AND PASS THE DECREE FOR DISSOLUTION
OF MARRIAGE IN TERMS OF THE MEDIATION AGREEEMNT.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though this writ petition is listed for preliminary hearing, with the consent of the learned counsel appearing for both the parties, it is heard finally.
2. Petitioner is the husband, while the respondent is the wife. Petitioner-husband had filed M.C.No.2670/2014 before the Principal Judge, Family Court, Bengaluru seeking judicial separation from the respondent-wife. As a counter blast to the said petition, the respondent-wife sought for dissolution of marriage between the parties which had taken place on 11.5.1995 at Kolkata. The matter was referred to Bangalore Mediation Centre attached to Family Court, 3 Bengaluru. Parties mutually arrived at a detailed Settlement of their disputes. Memorandum of Agreement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation Rules), 2005 was drawn up. The Memorandum of Agreement was signed by the parties and their respective counsel on 28.7.2017. Subsequently, the matter was posted before the Principal Judge, Family Court, Bengaluru for acceptance of Memorandum of Agreement and for issuance of directions for drawing up a decree for dissolution of marriage. At that stage, the Family Court Judge noted that the respondent herein had resiled from the Settlement whereas the petitioner herein had filed a memo on 12.12.2017 and 3.1.2018 for orders to be passed on the Settlement.
Considering the aforesaid facts and on hearing learned counsel appearing for the respective parties, the Family Court, Bengaluru rejected the memos filed by the 4 petitioner herein vide order dated 17.1.2018 (Annexure-P). Being aggrieved by the said order, petitioner-husband has assailed the same in this writ petition.
3. On the last occasion, when the matter was listed before this Court on 11.9.2018, on hearing the respective counsel for the parties, they were requested to ascertain whether there would be any final settlement of the matter. Today, learned counsel appearing for the respective parties in presence of their parties have filed a Joint Affidavit stating that the dispute between the parties has been finally settled and that there is no other reason or impediment as to why the Settlement arrived at between the parties before the Mediation Centre and further Settlement arrived at between them before this Court could not be accepted and a quietus be given to the matter.
54. In the circumstances, learned counsel appearing for the parties have jointly sought for setting aside order dated 17.1.2018 (Annexure-P) and for acceptance of the Settlement arrived at between the parties before the Mediation Centre and in addition the terms and conditions arrived at between the parties before this Court. They further submit that this Court may accept the same and direction may be issued to the Registry to draw up a decree for dissolution of marriage between the parties.
5. Submission of the learned counsel for the respective parties is placed on record.
6. Petitioner as well as respondent are also present in the Court and they have been identified by their respective counsel. They submit that in furtherance of the Settlement arrived at before the Mediation Centre, they have agreed to further terms 6 and conditions to be complied with which would give a complete quietus to the dispute between the parties and that this Court may accept the same and conclude the proceedings and decree of dissolution of marriage (decree of divorce) be granted. They further submit that the Settlement arrived at between the parties is amicable and without their being any force or coercion from any quarter and that they have arrived at a Settlement on their own volition.
7. In view of the above Settlement made, Memorandum of Agreement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation Rules), 2005 (Annexure-A) is perused. The same reads as under:
MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF C.P.C READ WITH RULES 24 & 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION RULES) 2005 The parties above named submit that:7
I. The Petitioner has filed the present petition under Section 27(1) (a) & (d) of the Special Marriage Act, for seeking dissolution of her marriage with the Respondent.
II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the parties have resolved their disputes and have agreed to the following terms and conditions:
1) The parties in the above case submit that their marriage was solemnized as per Hindu rites and customs on 11.05.1995 at Kalyani Villa, 15/1, Bonomali Ghosal Lane, James Long Crossing, Kolkata 700034; and subsequently the wedding reception was held on 13.05.1995 at Bappa Café, D H Road, Thakurpukur Bus Stand, Kolkata 700063, and the marriage was duly registered vide the Marriage Certificate number 21 dated 11.05.1996 issued by the Marriage Officer, Alipore Sub-division Kolkata.
2) Form their marriage, the parties have one child by name Ms. Anwesha Roy, who was born on 19.07.1998, and is a major now.
3) Apart from the present petition, the following petitions/cases are pending:
8i. Crl.Misc.29/2016 pending in the Court of the 5th Metropolitan Magistrate Traffic Court (MMTC-5), Bengaluru, filed by the Petitioner herein, ii. FIR No.41/2016 filed by the Petitioner herein against the Respondent u/s 498A, 312 & Sections 3 & 4 Dowry Prohibition Act, at Kumaraswamy Layout PS and pending in the Court of the LXIV (44th) Additional Chief Metropolitan Magistrate Court, Bengaluru;
iii. In addition, there is an eviction suit pending in OS 3289/2016, pending in the Court of the LXVI Additional City Civil and Sessions Judge Bengaluru (CCH-67), filed by the landlady of the flat in which the present petitioner is staying.
4) In addition to the above, there are no other cases filed by either party against each other, that are pending.
5) Both the parties hereby withdraw all the allegations made against each other in the above petitions/cases unconditionally, keeping the best interest of their child in mind, and with an intent to have peace of mind, and for resolving all their issues amicably.9
6) The parties consent for the dissolution of the marriage solemnized between them per Hindu rites and customs on 11.05.1995 at Kalyani Villa, 15/1, Bonomali Ghosal Lane, James Long Crossing, Kolkatta 700034, and which was duly registered vide the Marriage Certificate number 21 dated 11.05.1996 issued by the Marriage Officer, Alipore Sub-division Kolkata, by a decree of divorce by consent, out of their own free will and volition and without any force, fraud or undue influence, after receiving competent independent legal representation. The parties have together decided to settle amicably all disputes between them and are therefore entering into this Memorandum of Agreement on the below mentioned terms.
i. The daughter of the parties who is now a major, chooses to stay with her father, the Respondent herein, by her own will/choice and discretion and not by any compulsions being a major. The Respondent undertakes to take care of all her needs, including education, marriage, health etc. ii. The Respondent had purchased one apartment unit in Vadodara, India, payments for which were made by the 10 Respondent. The Respondent agrees to transfer the said apartment to the Petitioner, in accordance with law, free from all encumbrances and charges, liabilities of any kind, on an "as-is-where-is basis". The address of the apartment is Flat No.201, Saipreet Villa, 5, Saraswati Society, Vasna Road, Vadodara 390007. The Registration of the gift deed of the above apartment will be done in the name of the Petitioner no later than two weeks from the time of the FIR No.41/2016 is quashed, and the total registration related expenses for the same shall be borne by the Respondent. The gift deed in the name of the Petitioner, which shall be registered in the Vadodara Sub- Registrar Office, and other original documents along with the keys relating to the said property, and actual physical, vacant and peaceful possession, shall be handed over to the Petitioner in this Hon'ble Court, at the time of passing the final order for decree of divorce.
a. The Respondent under takes to
cooperate in all legal formalities
required for the transfer of the aforesaid 11 property, including issuing a letter to the Association/Society, informing them of the transfer of the property to the Petitioner. The Petitioner undertakes that she shall also cooperate amicably to ensure the property is registered in her name without creating any hurdles.
b. For the purpose of verification of the Petitioner and to satisfy herself completely in all respects in relation to the title and marketability of the title documents of the property, the Respondent has handed over the photocopy set of the sale deed, agreement to sale, construction agreement, registration fee receipt, encumbrance certificate, etc., of the said property, on 25.07.2017, which the Petitioner has acknowledged. This has been done to endure total transparency and to give confidence to the Petitioner that the property is indeed free of all encumbrances.
c. For the purpose of transparency, the Respondent shall share the draft of the 12 gift deed to be registered with the Petitioner, through counsel. This draft which will be as per the rules and regulation in Vadodara, can be shared by the Petitioner with her advocate/consultant in Vadodara, and finalize the entire content. Once the draft is approved by the Respondent's counsel at Bengaluru and Vadodara, together with the Petitioner's counsel at Bengaluru and Vadodara, both the parties assure that there shall be no further changes done to the gift deed draft, and no further discussions on the content of the draft shall be entertained at Vadodara.
d. The Respondent shall bear all expenses relating to the registration of the gift deed in favor of the Petitioner.
e. The Petitioner shall pay for her expenses for travel to Vadodara, her stay and personal expenses in Vadodara, and expenses for her advocate/consultants, etc. 13 f. The Respondent shall clear all past liabilities, dues, maintenance charges, utility charges, taxes, etc., if any, in relation to the said property, till the date of registration of the gift deed.
g. The Petitioner shall be responsible for all taxes, maintenance charges, levies, etc., on the said property from the date of registration of the gift deed and other original documents, keys, shall be handed over to the Petitioner when this Hon'ble Court passes the final order for the decree of divorce, which should not be more than one or two weeks from the date of registration.
h. Further, as a good will gesture, the Respondent has undertaken to pay the Property Tax for the said property for the financial year 2017-2018; and also the apartment maintenance charges till December 2017.
iii. The Respondent agrees to return to the Petitioner one gold chain with a silver locket, and two finger rings (one diamond ring and 14 a red coral ring) duly seen by the Petitioner during mediation on 25.07.2017, that were gifted to him by the Petitioner at the time of marriage and subsequently. These shall be handed over to the Petitioner in this Hon'ble Court at the time of passing the final order for decree of divorce.
iv. The Petitioner shall retain all her streedhana jewelry that she has in her possession.
v. The Respondent also agrees to pay to the Petitioner an amount of Rs.12,00,000 (Rupees twelve lakhs only) as full and final settlement of all alimony maintenance claims of the Petitioner, in the following manner:
a. A demand draft for Rs.2,00,000 (Rupees two lakhs only) bearing number 3924 dated 28.07.2017, drawn on HDFC Bank, Ltd., Koramangala Branch, Bengaluru, in favor of "Anamika Banerjee" shall be handed over to the petitioner at the time of quashing of the FIR in Crime No.41/2016 before the Hon'ble High Court of Karnataka at Bengaluru.
15b. A demand draft for Rs.10,00,000 (Rupees ten lakhs only) in favor of "Anamika Banerjee" shall be handed over to the Petitioner in this Hon'ble Court, at the time of passing the final order for decree of divorce by this Hon'ble Court.
vi. The Respondent shall pay Rs.10,000 (Rupees ten thousand only) to the Petitioner in the month of August 2017 which is the agreed monthly amount of maintenance. Both parties shall cooperate and conclude all pending matters between them and obtain their divorce order within the month of August 2017 and no further monthly maintenance shall be paid to the Petitioner thereafter.
vii. Other than the above, both parties shall have no further claims, past, present or future, against each other with regard to alimony, maintenance, monetary claims, property claims, etc. of any kind in the future.
16viii. Both parties agree that they shall not interfere with each other's lives in any manner. Both parties agree that they shall not even communicate with each other in any manner in the future.
ix. The present Memorandum of Agreement between the parties is in full and final settlement of all past, present and future claims against each other.
WITHDRAWAL AND CLOSURE OF ALL PENDING CASES x. Both parties shall file a joint memo to take this Memorandum of Agreement on record, and dispose off Crl. Mis.29/2016 in terms of this Memorandum of Agreement, after this Hon'ble Court taking this Memorandum of Agreement on record, and prior to this Hon'ble Court passing the final order for the decree of divorce.
xi. The recording of this Memorandum of Agreement by this Hon'ble Court shall be deemed to be the Petitioner's consent for the quashing of the FIR in Crime No.41/2016 at Kumaraswamy Layout PS u/s 3, 4 Dowry 17 Prohibition Act, and Sec. 312, 498A of the IPC, and pending in the court of the LXIV (44th) Additional Chief Metropolitan Magistrate Court, Bengaluru. Both parties shall cooperate and file appropriate joint affidavit in a criminal petition to be filed in the Hon'ble High Court of Karnataka to quash the aforesaid Crime No.41/2016, within 7 days (or as early as possible) of this Hon'ble Court taking this Memorandum of Agreement on record.
xii. The Petitioner undertakes that she shall vacate the present premises that she is staying in i.e., Apartment No.D-702, Purva Belmount, Kanakapura Road, 6th Phase, J.P.Nagar, Bengaluru 560078, as soon as possible, and within two weeks from the date this Hon'ble Court passes the final order for decree of divorce, and shall handover the actual physical, vacant and peaceful possession on an "as-is-where-is"
condition, to the landlady or her representative by handing over the keys of the said apartment in OS 3289/2016, pending in the Court of LXVI Additional City Civil & Sessions Judge, Bengaluru, (CCH 67) 18 in case the Petitioner does not vacate the premises voluntarily, the Petitioner shall be evicted as per law, and the Petitioner waives off all her rights to challenge such eviction.
xiii. Both parties undertake that they shall comply with all their respective obligations as per this agreement. Failure to comply with their respective obligations, in the time periods mentioned herein will result in cancellation of all actions done till that date and revert back to the same condition as all the cases are as of now and the Specific details are given below:
A. RESILING OF THE TERMS BY THE PETITIONER a. In case the Petitioner resiles from complying with the terms of this agreement in the time periods mentioned in this agreement, after quashing of FIR, and before registration/divorce, and after the Respondent pays the Petitioner the amount of Rs.2,00,000 (Rupees two lakshs only) the Petitioner shall unconditionally return the said amount to the Respondent forthwith.19
b. In case the Petitioner resiles and does not cooperate after registration and before divorce, the Petitioner shall refund the amount paid by the Respondent as above, and in addition, the gift deed shall become null and void and the said Memorandum of Agreement stands cancelled.
c. In case the Petitioner resiles or does not cooperate for a divorce, after the registration is done, in addition to the above consequences, this Hon'ble Court shall nevertheless pass the final order for decree of divorce, and the Petitioner waives off all her rights to stop such action by this Hon'ble Court.
d. In case the Petitioner does not vacate the premises she is presently living in within two weeks form the date of passing of the final order to issue decree of divorce, the Petitioner shall be liable to refund the entire amount received from the Respondent, in addition to the gift deed becoming null and void, in addition the Petitioner will be evicted as per law, and the Petitioner waives off all her rights to challenge such eviction.
B. RESILING OF THE TERMS BY THE RESPONDENT i. The Respondent undertakes to cooperate completely with the agreed terms above. If the 20 Respondent resiles from his obligations, anytime after the withdrawal of the FIR, or the disposal of the DV case, and does not cooperate with the divorce, or for registration, or organizing the amounts as agreed above, the Petitioner shall be able to revive the FIR in Crime No. 41/2016 and the DV case, and the divorce case will continue.
xiv. Both parties agree that other than circumstances that are not directly or indirectly attributable to either of the parties, if any unavoidable circumstances occur beyond the control of the parties, that delay the above said timelines, both parties shall cooperate sincerely to overcome such hurdles created by such unavoidable circumstances, at the earliest, and bring the timelines as close to the original timelines as close to the original timelines agreed upon, to conclude all terms of this agreement effectively.
III. In view of this Memorandum of Agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve their marriage solemnized as per Hindu rites and customs on 11.05.1995 at 21 Kalyani Villa, 15/1, Bonomali Ghosal Lane, James Long Crossing, Kolkatta 700034, duly registered vide the Marriage Certificate Number 21 dated 11.05.1996 issued by the Marriage Officer, Alipor Sub-division, Kolkata, under the Special Marriage Act.
IV. Both parties shall appear on July 28, 2017 before the Court for passing orders in terms of this agreement.
Sd/- Sd/-
Petitioner Respondent
Sd/- Sd/-
Advocate for Petitioner Advocate for Respondent
VERIFICATION
We, the parties above named do hereby solemnly state and declare that what is contained in paragraphs I to IV are true to the best of our knowledge, belief and information.
Sd/-
Petitioner Sd/-
Respondent Place: Bengaluru Date 28.07.2017 22
8. Learned counsel for the respective parties submitted that there have been compliances of the aforesaid terms and conditions and that the petitioner and respondent have sought for acceptance of those terms and conditions. Today, the parties have filed the Joint Affidavit, which reads as under:
JOINT AFFIDAVIT We,
1. Sirsendu Roy, aged about 47 years, s/o Sri Nirmalenndu Roy, with address at Ansaldo STS Transportation Systems India Pvt. Ltd., SLV Complex, #35, 80 Feet Road, 4th Block, AVS Compound, Koramangala, Bengaluru 560 034, the Petitioner herein, AND
2. Anamika Roy aka Anamika Banerjee, aged about 42 years, W/o Sri. Sirsendu Roy, R/a, Bengaluru, the Respondent herein.23
do hereby solemnly affirm and state on oath as follows.
1. We submit that we are the Petitioner and the Respondent in the above case and we are conversant with the facts of the case, and competent to swear to this affidavit.
2. We submit that the above Writ Petition is filed by the Petitioner seeking for the issuance of a writ of certiorari or any other appropriate writ, order or direction to set aside or quash the order dated:17.01.2018, vide "Annexure P", passed in MC 2670/2014 on the file of Principal Family Court Judge, Bengaluru, and to further direct the Family Court to record the Memorandum of Agreement (Mediation Agreement/Settlement Agreement), and pass the decree for dissolution of marriage in terms of the Memorandum of Agreement.
3. We submit that we had earlier settled all disputes pending between us amicably, at the Bangalore Mediation Center, in MC 2670/2014 pending in the Court of the Learned Principal Judge, Family Court at Bengaluru on 24 28.07.2017, taken on record in the Learned Family Court on 29.07.2017. This Memorandum of Agreement was held to be rejected by the Learned Family Court due to want of consent of the Respondent herein, by its Order dated 17.01.2018, which is challenged by the Petitioner in this present Writ Petition.
4. The Respondent unequivocally and irrevocably consents to the settlement, without any force, fraud or undue influence, and after receiving proper and competent legal representation, as per the terms of the Memorandum of Agreement dated 28.07.2017, taken on record of the Family Court on 29.07.2017 and further unequivocally and irrevocably consents to the passing of the decree of divorce by this Hon'ble Court or by the Learned Family Court. Both the Petitioner and the Respondent pray to this Hon'ble Court to set aside the Order of the Learned Family Court dated 17.01.2018, at Annexure P in this Writ petition.
5. As per the terms of the Memorandum of Agreement, the Petitioner herein agrees that:
a) The Petitioner herein shall pay an amount of Rs.10,00,000 (Rupees ten 25 lakhs only) to the Respondent at the time of passing the final order for decree of divorce.
b) The Petitioner has already gifted an apartment in Vadodara to the Respondent, among other terms, more detailed in the Memorandum of Agreement. The Petitioner has already deposited the Gift Deed and all related title documents in the Learned Family Court, along with the keys of the apartment. The Petitioner has no objection for the Respondent to collect all the documents & keys in the safe custody of the Learned Family Court, upon the passing of the final order for decree of divorce, and after withdrawing/closing a domestic violence complaint in Crl.Mis 29/2016, pending in the Learned 5th Metropolitan Magistrate Traffic Court (MMTC-5), Bengaluru.
c) The Petitioner shall also return to the Respondent one gold chain with a silver locket, and two finger rings (one diamond ring and a red coral ring), that 26 were gifted to him by the Respondent at the time of marriage and subsequently.
These items shall be handed over to the Respondent at the time of passing the final order for decree of divorce.
6. Additionally, both the parties agree that the Petitioner shall pay an additional amount of Rs.5,00,000( Rupees five lakhs only) to the Respondent at the time of passing the final order for decree of divorce, over and above the amount mentioned in the Memorandum of Agreement, to bring a quietus to the litigation.
7. Both parties shall file a Joint Memo in the Court of the Learned 5th Metropolitan Magistrate Traffic Court (MMTC-5), Bengaluru, in Crl.Misc.29/2016 filed by the Respondent herein, to dispose off the said petition in terms of the Memorandum of Agreement, before the Respondent collects all the documents/keys in the safe custody of the Learned Family court.
8. Both parties agree that the Petitioner herein shall cease paying the Respondent the monthly maintenance of Rs.10,000/- (Rupees ten thousands only) with immediate effect.
279. The Respondent agrees that she will have no further claim on the Petitioner, past, present or future, with regard to alimony, maintenance, monetary claims, property claims, etc., of any kind in the future.
10. In view of the above., the Petitioner and the Respondent, by joint consent humbly pray to this Hon'ble Court to:
a. Set aside the Order of the Learned Family Court dated 17.1.2018 in Annexure P, and consequently declare that the Memorandum of Agreement dated: 28.07.2017, taken on record in the Learned Family Court on 29.07.2017 vide Annexure-A in this Writ Petition, is valid and binding on both parties.
b. Pass the final order or decree of divorce or in the alternate, direct the Learned Family Court to pass the final order for decree of divorce, on receipt of the Order of this Hon'ble Court, in the interest of justice and equity.
28We, the Petitioner and the Respondent, do hereby swear that these are our signatures and the contents of this affidavit are true and correct, to the best of our knowledge and belief.
9. Learned counsel for the petitioner submits that the petitioner-husband has to pay a sum of Rs.10,00,000/- and Rs.5,00,000/- i.e., a total sum of Rs.15,00,000/- to the respondent-wife and that the same shall be paid during the course of the day through demand draft by handing over the demand draft to learned counsel for the respondent, who has agreed to the same. Learned counsel for the respondent submits that all cases instituted by the respondent against the petitioner are withdrawn except one case filed in Crl.Misc.29/2016 and that the respondent shall withdraw the said case. A memo is filed to that effect signed by the respondent. The memo is taken on record. The respondent to withdraw 29 Crl.Misc.29/2016 as undertaken by her in the memo which has been taken on record.
10. Learned counsel for the petitioner has also handed over certain pieces of gold jewelry to the respondent counsel and respondent acknowledges the receipt of three pieces of jewelry (two rings and one chain).
11. Learned counsel for the petitioner further submits that the original gift deed and original title documents and keys of the apartment at Vododara are in the safe custody of the Family Court and that the petitioner has no objection for the respondent to seek return of the said documents. Learned counsel for the respondent submits that the respondent shall take steps to seek for return of the same. The Family Court is directed to act expeditiously in that regard.
3012. In the circumstances, the impugned order dated 17.1.2018 at Annexure-P is hereby quashed. The dispute between the parties is settled by way of Settlement arrived at by them before the Bangalore Mediation Centre.
13. In view of the settlement arrived at between the parties, the marriage between them is dissolved by mutual consent as per Section 28 of the Special Marriage Act, 1954 as the parties are living separately for almost four years and that they have mutually agreed that the marriage is to be dissolved.
14. The Registry of Family Court is directed to draw up a decree of divorce by mutual consent as this writ petition has arisen from proceedings instituted by the petitioner-husband in M.C.No.2670/2014.
15. Registry of this Court is directed to intimate the Registry of the Family Court to draw up decree of 31 divorce by mutual consent in the aforesaid terms forthwith.
Ordered accordingly.
Sd/-
JUDGE DM