SMT SUPRIYA GUMBER vs SH SUMIT GUMBER

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.05.2025 + MAT.APP.(F.C.) 111/2024 & CM APPL. 20467/2024 SMT SUPRIYA GUMBER .....Appellant Through: Mr. Sudheer Pandey, Mr. Rajender Singh, Mr. Rohit Choudhary, Advs. versus SH SUMIT GUMBER .....Respondent Through: Mr. L.K. Singh, Mr. Manoj Chauhan and Mr. Raj Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR RENU BHATNAGAR, J. (ORAL) 1. The present appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as, “HMA”), has been filed by the appellant challenging the Impugned Judgment and Decree dated 16.12.2021 passed by the learned Family Court, Shahdara, Delhi (hereinafter „Family Court‟) in HMA No. 902/2021, titled Supriya Gumber v. Sumit Gumber, whereby a decree of divorce by mutual consent under Section 13B(2) of the HMA was granted. 2. Briefly stated, the facts giving rise to the present appeal are that the marriage between the appellant and the respondent was Signature Not Verified Signed MAT.APP.(F.C.) 111/2024 By:PRIYADARSHANI JAIN Page 1 of 10 Signing Date:28.05.2025 15:44:45 solemnized on 17.06.2009 according to Hindu rites and customs in Delhi. They lived together as husband and wife, and the marriage was consummated. Two daughters, Ms. Gunika Gumber and Ms. Riya Gumber, were born on 30.01.2012 and 19.11.2014, respectively. 3. It is contended in the appeal that after the marriage, the respondent began harassing, torturing, and humiliating the appellant, with the ulterior motive of forcing her into agreeing to a divorce. He issued threats of grave harm to her life and property, including threats to kill her and their daughters. The appellant endured this abuse in the hope of pre