JUDGMENT

S.J. Kathawalla, J. - 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:

Whereas:

(a) The party of the First Part to the party of Fourth Part are members of the Shah Family. The said Mukesh and the said Kiran are husband and wife and out of their wedlock, they have the said Jigar and the said Kinjal as son and daughter respectively;

(b) The said Mukesh, the said Kiran, the said Jigar and Kinjal have been living together as a family at the flat bearing No. 902, Mayfair Kumkum, S.V. Road, Near M.A. High School, Andheri (West), Mumbai 400 058.

(c) The said Mukesh has also formed the HUF in the name of "Mukesh J Shah (HUF)" and the said HUF holds certain immovable properties in the shape of commercial galas at Borivali, more particularly described in the Annexure-1 annexed hereto;

(d) The said Mukesh in his life time has acquired various movable and immovable properties in his name as well as in the name of the said Jigar and the said Kinjal (members of HUF) for the benefit of family including development rights in his firm name of M/s. Alta Sadguru Joint Venture in respect of property bearing CTS No. 539-A situate at Village Malad belonging to one Sham Nirmal Co-operative Housing society Ltd.;

(e) The said Mukesh has also allotted six flats coming to his share in the name of the said Jigar and Kinjal as enumerated in Annexure-2 annexed hereto;

(f) The said Mukesh also has formed and registered a company known as "Alta Construction Pvt. Ltd." And the said Jigar is a shareholder and holding 3000 equity shares of Rs. 10/- face value and has a deposit of Rs. 30,000/- (Rupees thirty Thousand Only) in the said Company.

(g) In view of discord and differences between the parties hereto, i.e. Mukesh J Shah on one hand and the said Kiran and the said Jigar and the said Kinjal on the other hand, the said Mukesh and the said Kiran have agreed to dissolve their marriage and stay separately. The said Jigar and the said Kinjal have decided to stay with their mother (the said Kiran). The terms and conditions of the said separation has been agreed upon between the family members:

(h) The parties hereto have arrived at a family settlement and the parties are desirous of recording the terms and conditions of sharing the benefits of the properties and estate held by the family members as under.

Now This Memorandum of Arrangement of Family Settlement Witnesseth as Follows:

1. The parties hereto agree and declare that this Family Settlement is being executed to put an end to all disputes and differences amongst family members.

2. The said Mukesh and the said Kiran hereby agree, declare and confirm that in view of constant several disputes, discord and differences between them, they are unable to live together as husband and wife and as such they have decided to make an application for dissolution of their marriage under Section 13- B of Hindu Marriage Act, 1955 within a period of 15 days of signing of these presents.

3. The said Kiran hereby agrees and assures that after filing of the Divorce Petition referred hereinabove, she shall diligently without fail appear at all the hearings before the court as well as before the Counselor and shall give her express consent for dissolution of marriage and shall not do any acts of commission or omission by which the dissolution of marriage is refused and/o