Q236
A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:
A.
Allow the application under Section 8 and refer the parties to arbitration
B.
Dismiss the application and proceed with the petition
AnswerC.
Adjourn sine die further proceedings in the divorce petition
D.
Dismiss the divorce petition and direct the husband to invoke the arbitration clause before the appropriate forum
Answer: Option B
Solution
Answer: Option B
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