In a rather eventful hearing at the Delhi High Court this week, a Division Bench pulled up a Family Court judge for what it called a “serious misapprehension of law,” after discovering that the judge had dissolved a marriage using a non-existent provision of the Special Marriage Act (SMA). The High Court, visibly surprised during the proceedings, set aside the divorce decree and sent the matter back for a complete retrial.
Background
The dispute between Suman Sankar Bhunia and Debarati Bhunia Chakraborty has been running across multiple states for six years. Their marriage, solemnised in 2011, became the centre of conflict when both sides gave differing versions of how and under which law the marriage took place-Hindu Marriage Act (HMA) vs Special Marriage Act.
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Things took a darker turn after 2018, when allegations of cruelty, police intervention, child custody disputes, multiple FIRs, and transfer petitions criss-crossed West Bengal, Delhi, and even reached the Supreme Court. The Family Court at Patiala House eventually heard the divorce case transferred from Siliguri.
But the real problem began when the Family Court judge closed the wife’s right to evidence on the very first date of cross-examination and then proceeded to decide the case without any evidence at all.
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Court’s Observations
During the High Court hearing, Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar did not mince words. They said they were “taken aback” when they discovered that the Family Court judge relied on Section 28A of the Special Marriage Act-a section that does not exist.
The bench remarked, “It is incomprehensible that a Judicial Officer of this rank could rely on a provision that is not on the statute book.”
In fact, the Family Court judge had used this imaginary section to introduce "irretrievable breakdown of marriage" as a ground for divorce, even though neither the HMA nor SMA recognises this ground unless the Supreme Court invokes Article 142.
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The High Court also noted a pattern in which the same judge had passed divorce decrees in other cases by mixing up laws, granting divorce suo motu, and ignoring statutory requirements. The bench stated plainly, “His approach threatens the integrity of the administration of justice.”
Another observation that raised eyebrows was the Family Court judge’s claim that marriages under the Special Marriage Act are “not a holy union.” The High Court called this view “misconceived” and “unwarranted,” emphasising that SMA marriages are as dignified and solemn as any other.
The bench was equally troubled by the speed at which the trial was rushed. The wife’s evidence was shut down on the first attempt, and the husband later refused to lead evidence since hers was already closed. The Family Court then decided the case purely on pleadings, assumptions, and a heavy dose of conjecture.
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Decision
In its final order, the High Court set aside the divorce decree, held that the trial was fundamentally flawed, and remanded the case for a complete de novo trial before a different judge. It stressed that both parties must be allowed to present full oral and documentary evidence, and that the Family Court must strictly follow the correct law.
In an unprecedented move, the bench also directed that the concerned Family Court judge undergo refresher training in matrimonial law at the Delhi Judicial Academy before hearing any more such cases.
The parties have been directed to appear before the Principal Judge, Family Court, Patiala House, on 5 December 2025.
Case Title: Suman Sankar Bhunia v. Debarati Bhunia Chakraborty
Case Number: MAT.APP.(F.C.) 115/2024
Case Type: Family Court Appeal (Divorce – Challenge to Family Court Judgment)
Decision Date: 27 November 2025
