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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 04.11.2025

Judgment pronounced on: 27.11.2025

+ MAT.APP.(F.C.) 115/2024 & CM APPL. 21304/2024 (Stay)

SUMAN SANKAR BHUNIA .....Appellant

Through: Mr. Prosenjeet Banerjee, Ms. Shreya Singhal, Ms. Mhasilenuo Keditsu, Ms. Kushagra, Ms. Anshika, Ms. Vijayrajeshwari & Mr. Sarthak, Advocates.

versus

DEBARATI BHUNIA CHAKRABORTY .....Respondent

Through: Ms. Padma Priya, Ms. Chitrangda Rastrauara, Mr. Abhijeet Singh, Mr. Anirudh Singh, Mr. Aishwaray Mishra, Mr. Dhananjay Shekhawat, Mr. Sakshi Aggarwal, Mr. Yuvraj Singh, Ms. Pearl Pundir and Ms. Bhumika, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

?HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

J U D G M E N T

HARISH VAIDYANATHAN SHANKAR, J.

1. The present Appeal, filed under Section 19 of the Family Courts Act, 19841 read with Section 28 of the Hindu Marriage Act, 19552, challenges the Judgment dated 28.03.20243 passed by the learned Family Court, Patiala House Courts, New Delhi4, in case being HMA No. 93/2023 (earlier numbered as Matrimonial Suit No. 410/2021), titled “Debarati Bhunia Chakraborty v. Suman Sankar Bhunia”, whereby the marriage held between the parties was dissolved on the grounds of cruelty.

2. The present appeal raises a significant question as to whether, in a petition originally instituted under Section 13(1)(ia) of the HMA seeking divorce on the ground of cruelty, a decree of divorce can be granted under the provisions of the Special Marriage Act, 19545.

BRIEF FACTS:

3. The brief conspectus of the facts as garnered from the records is as follows:-

(a) The marriage between the parties is undisputed, but the date and form of the marriage are disputed. As per the Respondent-Wife, the marriage between the parties was solemnized on 11.12.2011 according to Hindu rites and customs, whereas as per the Appellant-Husband marriage was performed on 26.09.2011 under the SMA before the Marriage Officer, Barasaat, District North 24 Pargana, West Bengal, and a social function was held on 11.12.2011 followed by a reception on 15.12.2011.

(b) The factum of marriage between the parties is not in dispute. However, the actual date of marriage and the statutory provision under which it was solemnised or recognised were matters of dispute before the learned Family Court. As far as recognition of marriage is concerned, the Appellant-Husband has placed on record a Certificate of Marriage dated 26.09.2011 issued under Section 13 of the SMA. Nevertheless, the precise date of marriage is not material for the adjudication of the present Appeal, as it does not bear upon the issue under consideration.

(c) It is the case of the Appellant-Husband that on 04.09.2018, the Respondent-Wife left her matrimonial home at Habra, District North 24 Parganas, West Bengal, stating she was going to her workplace. Later that evening, she sent an SMS expressing her intention to go to her parental home at Siliguri, District Darjeeling, West Bengal, and left their minor son behind. On 09.09.2018, the Respondent, along with her father and others, took away the minor child from the Appellant-Husband’s paternal house at Habra without any order of a competent Court.

(d) On the other hand, the Respondent-Wife claims that she was subjected to regular physical assault, verbal abuse, and mental harassment by the Appellant-Husband. She alleges that on the night of 03.09.2018, the Appellant-Husband accused her of having an extra-marital relationship and physically assaulted her despite her being four months pregnant. This compelled her to leave her matrimonial home on 04.09.2018, on the pretext of leaving for her workplace, for the safety of her unborn child. She further claims that on 09.09.2018, she returned to the matrimonial home with her father and relatives, accompanied by the police, to recover her minor son. She thereafter lodged an FIR against the Appellant-Husband and his family members under S