SC agrees to grant divorce to Omar Abdullah as he resolves matrimonial dispute with estranged wife Payal
Married in September 1994, Omar and Payal have been living separately since 2009 following matrimonial disputes
The Supreme Court on Friday agreed to dissolve the marriage of Jammu and Kashmir Chief Minister Omar Abdullah after he amicably resolved his matrimonial dispute with his estranged wife Payal through mediation.
"Both of them have embraced freedom. It's all settled. Lordships may grant divorce. All other matters will be withdrawn," senior advocate Kapil Sibal, representing the Jammu and Kashmir Chief Minister, told a Bench of Justice PS Narasimha and Justice Alok Aradhe.
"That's good. We will dispose of it on those terms," it said.
Taking note of Sibal’s submissions that an application has been filed on July 22 under Article 142 of the Constitution seeking dissolution of marriage by mutual consent as the parties have settled the matter, the Bench said, "We will make it a part of our order and will dispose of it in terms of that.”
Often invoked to dissolve marriages that have irretrievably broken down, Article 142 of the Constitution empowers the Supreme Court to pass any order necessary for doing complete justice in a matter.
Married in September 1994, Omar and Payal have been living separately since 2009 following matrimonial disputes.
A family court rejected Omar's divorce plea on August 30, 2016, saying he failed to prove his marriage had irretrievably broken down. He also failed to prove his claims of "cruelty" or "desertion" on the part of Payal, it said.
On December 12, 2023, the Delhi High Court upheld the denial of divorce as it turned down Omar’s petition challenging the family court’s order, saying there was no merit in his appeal.
Earlier, in August 2023, a Single Judge of the Delhi High Court directed Omar to pay Rs. 1.5 lakh monthly interim maintenance to Payal. He was also ordered to shell out Rs. 60,000 a month for the education of each of his two sons. The high court's order had come on Payal’s petition against 2018 lower court orders granting her and her sons interim maintenance of Rs. 75,000 and Rs. 25,000 till they became major, respectively.
In August 2024, the Supreme Court had referred the matter to mediation after both sides agreed to explore an amicable settlement and had deferred the hearing awaiting the outcome of the mediation.
