SUMAN SANKAR BHUNIA vs DEBARATI BHUNIA CHAKRABORTY

Judgment text excerpt

$~ * 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 JUDGMENT 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, 1 FC Act Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA MAT.APP.(F.C.) 115/2024 Page 1 of 28 Signing Date:29.11.2025 13:11:32 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,