R.G. Ketkar, J.—Heard Mr. Lalwani, learned Counsel for petitioner and Mr. Moray, learned Counsel for respondent at length. Rule. Mr. Moray waives service. At the request and by consent of the parties, rule is made returnable forthwith and the Petition is taken up for final hearing.

2. By this Petition under Article 227 of the Constitution of India, the petitioner-wife has challenged the judgment and order dated 12.06.2014 passed by the learned Judge, Family Court No.5, Mumbai below exhibit-22/A in Petition No.A-2405 of 2013. By that order, the Family Court dismissed the application made by the petitioner for delivering the judgment of divorce on admission under Order 12, Rule 6 of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’).

3. In support of this Petition, Mr. Lalwani submitted that the petitioner-wife has instituted Petition for Divorce being M. J. Petition No.2405 of 2013 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short ‘Act’) on the ground of cruelty and for custody of minor son Jasraj to her. The respondent filed written statement along with the counter claim. In paragraph 1 of the counter claim, respondent submitted that the intention of the