New Delhi: The Supreme Court on Friday agreed to dissolve the marriage of Jammu and Kashmir Chief Minister Omar Abdullah with his estranged wife Payal Abdullah after taking note of their submissions that they have “embraced freedom”.
The apex court took note of the submissions of senior advocate Kapil Sibal, appearing for the National Conference leader, that an application has been filed under Article 142 of the Constitution seeking dissolution of marriage as the parties have settled the matter.
“We will make it a part of our order and will dispose of it in terms of that,” a bench of Justices P S Narasimha and Alok Aradhe said.
The bench will pass a formal order.
“Both of them have embraced freedom. It’s all settled. (Article) 142 filed. Your lordships may grant divorce,” Sibal told the bench.
“When did this application come on record?” the bench asked.
It was informed that the application was filed on July 22.
“All other matters will be withdrawn. It is all set out (in the application),” Sibal said.
The bench was hearing two pleas, including the one filed by Omar Abdullah seeking divorce on the grounds of cruelty.
In July 2024, the apex court had sought response from Payal Abdullah on Omar Abdullah’s plea challenging an order of the Delhi High Court.
On December 12, 2023, the high court dismissed Omar Abdullah’s plea seeking a divorce, saying there was no merit in his appeal.
The high court upheld the 2016 family court order refusing to grant a decree of divorce to him.
On August 30, 2016, the family court dismissed Omar Abdullah’s plea, holding that he could not prove his claims of “cruelty” or “desertion” which were the grounds alleged by him for seeking a decree of divorce.
In his plea seeking divorce, Omar Abdullah claimed before the family court that his marriage had broken down irretrievably and he had not enjoyed a conjugal relationship since 2007 and that the couple, married on September 1, 1994, was living separately since 2009.
The petition before the trial court also alleged that Omar Abdullah was subjected to “unreasonable conduct” by Payal, causing pain and harassment to the politician.
In August 2023, a single-judge bench of the Delhi High Court directed Omar Abdullah to pay Rs 1.5 lakh as monthly interim maintenance to his estranged wife.
He was also ordered to pay Rs 60,000 every month for the education of each of their two sons.
The high court’s order had come on the petitions filed by Payal Abdullah and the couple’s sons against the 2018 lower court orders granting her and them interim maintenance of Rs 75,000 and Rs 25,000 till they attained the age of majority, respectively
