SC seeks Payal Abdullah’s response to Omar Abdullah’s divorce plea
Senior advocate Kapil Sibal, representing Omar Abdullah, argued that the couple’s marriage was “dead” since they have been living separately for the past 15 years
The Supreme Court on Monday issued a notice to Payal Abdullah, asking for her response to a divorce petition filed by her husband, former Jammu and Kashmir chief minister Omar Abdullah, who claims their marriage has irretrievably broken down.
A bench of justices Sudhanshu Dhulia and Ahsanuddin Amanullah called for Payal’s response to the plea within six weeks and fixed the next hearing on August 30. Senior advocate Kapil Sibal, representing Omar Abdullah, argued that the couple’s marriage was “dead” since they have been living separately for the past 15 years.
Sibal sought the bench’s intervention under Article 142 of the Constitution, which empowers the Supreme Court to pass any order necessary to ensure complete justice in a matter. This provision has previously been invoked by the court to dissolve marriages.
Omar Abdullah’s plea challenges the Delhi high court’s decision to deny him a divorce on the grounds of cruelty. The high court had upheld the family court’s decision, stating that Abdullah’s allegations of cruelty against Payal were vague.
Omar and Payal Abdullah got married in September 1994 but have been living separately for a significant period. Omar Abdullah’s divorce plea was rejected by a family court on August 30, 2016. The family court held that he failed to prove the “irretrievable breakdown of the marriage”.
The court said that Omar Abdullah could not substantiate his claims of “cruelty” or “desertion” and was unable to explain any specific circumstance that made it impossible for him to continue the relationship with Payal Abdullah.
Omar Abdullah then moved to the high court, claiming that his marriage had irretrievably broken down and that they have been living separately since 2009.