SREELAKSHMI Vs. LAKSHMINARAYAN S. HEGDE

JUDGEMENT

(1.) The legality and correctness of the order passed by the IV Additional Principal Judge, Family Court, Bangalore in MC No. 266 of 2013 dated 6-8-2013 is called in question in this appeal by the appellant-wife. Heard the learned counsel for the parties.

(2.) The facts leading to this appeal are that: The appellant is the wife of the respondent and their marriage was solemnized on 9-12-2010 at Sri. Jayarama Seva Mandali, Jayanagar 8th Block, Bangalore. The appellant has no parents. She was brought up by her grand-mother. She has studied up to tenth standard. The respondent, at the time of the marriage, was working as teacher at Sri. Sri. Ravishankar Vidya Mandir, Udayapura, Bangalore. They lived together happily. In the month of August, 2011, the appellant became pregnant. The respondent is a native of Keremane village in Siddapur taluk. Since there was nobody to look after the appellant, the appellant was sent for confinement to Keremane village, where the mother of the respondent is residing. Later, the appellant gave birth to a male child on 24-4-2012 at Shreyas hospital in Siddapur taluk. The naming ceremony of the child was performed on 4-5-2012 at the native village of the respondent.

(3.) In this background, the petition in MC No. 266 of 2013 came to be filed under Section 13B of the Hindu Marriage Act, 1955 [for short, the Act] stating that on account of incompatibility it is not possible for them to live together and that they have decided to take a decree of divorce by way of consent. The matter was posted for appearance of parties on 12-7-2013 and thereafter was sent for conciliation before the mediation centre on 5-8-2013. Based on the settlement said to have been arrived at before the mediation centre, the family court judge has granted the decree of divorce on 6-8-2013. Challenging the legality and correctness of the same, the present appeal is filed.