JUDGMENT : 1. None has appeared on behalf of the respondents on earlier dates. In the circumstances, I am not inclined to adjourn the case any further. Respondent No. 2 is proceeded ex-parte. 2. Prayer is for the issuance of a writ of certiorari for quashing of order dated 23.11.2013 passed by respondent No. 1 by virtue of which the marriage of the petitioner with respondent No. 2 stood dissolved and respondent No. 2 was directed to pay Rs. 2,50,000/- as permanent alimony while disposing of the petition under Section 488 of the Cr.P.C. pending adjudication before the Court of the learned Chief Judicial Magistrate, Ramban. 3. Brief facts of the case leading to the filing of the instant writ petition are that the petitioner had filed an application under Section 488 Cr.P.C. before the learned Chief Judicial Magistrate, Ramban which was dismissed vide order dated 07.12.2011. Revision petition filed against the same was remanded by the Principal Sessions Court, Ramban vide order dated 15.02.2013 with a direction to pass appropriate orders after hearing the parties and requiring the respondent to either seek dissolution of his marriage from the Competent Court or to frame an issue with regard to the prevalence of custom within the area/ community and asking the parties to lead evidence for and against the matter afresh. Learned counsel by reading out the orders of the learned Chief Judicial Magistrate, Ramban, passed from time to time has highlighted that there is no order referring the matter to the Legal Services Authority and the only order after the file came up before the Legal Service Authority was the one dated 23.11.2013 (Annexure-D). Relevant extract of the same is reproduced hereunder:- "After negotiation, mediation and conciliation, the parties to the afore-titled case have arrived at an amicable settlement in the following terms:- That the respondent shall pay permanent alimony in the amount of Rs. 2,50,000/- (Rs. Two lac, fifty thousand only) to the petitioner and marriage between the parties shall stand dissolved. The respondent shall pay permanent alimony to the petitioner by or before 20.12.2013. The petitioner is accordingly disposed off, be compiled & consigned to the record." 4. 2,50,000/- (Rs. Two lac, fifty thousand only) to the petitioner and marriage between the parties shall stand dissolved. The respondent shall pay permanent alimony to the petitioner by or before 20.12.2013. The petitioner is accordingly disposed off, be compiled & consigned to the record." 4. Learned counsel contended that the petitioner never agreed to any settlement for divorce and she only agreed with regard to the maintenance and that she was made to sign the proceedings before the Legal Services Authority without disclosing that the marriage between the petitioner and respondent No. 2 had been dissolved. 5. Learned counsel further contends that the proceedings by the Legal Service Authority are in violation of the law laid down by this Court in Joti Sharma vs. Rajinder Kumar, 2007 AIR (J&K) 35, decided on 30.10.2006. Learned counsel contended that firstly there was no order of reference to the Legal Service Authority. Secondly that even if it be presumed that the matter had been referred to Legal Service Authority for arriving at settlement between the parties in the light of the order of remand, even then in that case in terms of Section 15 of the Jammu & Kashmir Hindu Marriage act, on presentation of the petition for divorce by dissolution of marriage by decree of divorce by mutual consent, it had to be established that the parties were living separately for a period of one year or more, they had not been able to live together and that they had mutually agreed that the marriage be dissolved and a motion was to be made by both the parties not earlier than six months after the date of presentation of petition referred to in Section 15(1) and not later than after 18 months after the said date, if the petition was not withdrawn in the meantime and then only in the eventuality of the Court being satisfied after hearing the parties and after making such enquiry as it deemed fit that the marriage had been solemnized between the parties and that the averments in the petition were true, the Court could pass a decree of divorce declaring the marriage to be dissolved with effect from the date of decree. Learned counsel further contended that as per Section 21 of the Act, every petition under the Act was to be presented to the District Court within the local limits of whose ordinary civil jurisdiction the marriage was solemnized etc. 6. Proceedings before the Legal Service Authority were required to be dealt with strictly in accordance with the provisions of the J&K Hindu Marriage Act. However, the matter came up for the 1st time before the Chairman, Legal Service Authority on 23.11.2013 and on the same date itself, the impugned order was passed dissolving the marriage between the parties on payment of amount of Rs. 2.50 lac as permanent alimony with the payment to be made on or before 20.12.2013. 7. In terms of the decision in Joti Sharma’s case (supra), the impugned order is in violation of Section 15(2) of the J&K Hindu Marriage Act and even if it was presumed that the petitioner had consented to dissolution of marriage on the said date, although the same was vehemently denied, yet even then the matter was required to be adjourned to a date six months thereafter and the matter was again to come up only if either of the parties had not in the meantime withdrawn his/her consent and in the circumstances, the Legal Service Authority could not have given a go bye to the express provision of law while trying to bring about amicable settlement of the dispute. 8. In the light of the position as noted above, the impugned order passed by the Legal Services Authority is set aside and the matter is remanded to the learned Chief Judicial Magistrate, Ramban to refer the matter to the Legal Services Authority whereupon the Legal Services Authority shall proceed in the matter in accordance with law after giving opportunity of hearing to the parties concerned. Needful be done as expeditiously as possible. 9. With the aforementioned direction, writ petition along with connected MP stands disposed of.