Supreme Court grants divorce to Omar Abdullah after settlement with estranged wife Payal

The Supreme Court granted divorce to Jammu and Kashmir Chief Minister Omar Abdullah on Friday after it was informed that he and his estranged wife Payal had mutually agreed to dissolve their marriage and settle all pending disputes through mediation. The top court was told that the couple had agreed to part ways amicably and had jointly filed an application under Article 142 of the Constitution, seeking dissolution of their marriage by mutual consent.

Appearing for Abdullah, senior advocate Kapil Sibal informed a bench comprising Justice P S Narasimha and Justice Alok Aradhe that the dispute had been settled. “The parties have embraced freedom. Article 142 filed, my lords may grant divorce,” Sibal submitted, as per Live Law.

The bench was also informed that the joint application seeking divorce by mutual consent had been filed on July 22.

Also Read: 215 academics pen open letter, slam Priyanka Gandhi’s ‘cow urine expert’ remark on IIT Madras director V Kamakoti

The marriage took place in September 1994, but the two have remained separated since 2009 due to differences. Abdullah is staying in Jammu and Kashmir while his wife and two children live in Delhi.

Abdullah had filed a petition in the apex court challenging an order passed by the Delhi High Court that turned down his divorce plea. He approached the top court in 2024, and since then, several attempts to mediate the dispute have failed.

‘All cases between them shall also be withdrawn’

The bench of justices PS Narasimha and Alok Aradhe said, “We will pass an order in terms of the agreement. All cases between them shall also be withdrawn.”

Abdullah had challenged the December 12, 2023, judgment passed by the Delhi High Court, disputing his claim that Payal had deserted him and this amounted to mental cruelty for obtaining a decree of divorce.

Also Read: Woman poisons husband, buries body in 12ft deep pit in Gujarat factory, tells kin he went to work in Australia

The Delhi High Court found justification in the arguments made by Payal, who claimed that she did not settle in Kashmir due to security concerns and the education of children, who were attending school in Delhi.

The HC upheld the earlier order of a Delhi court in August 2016, which faulted him for not making out any ground for cruelty against his wife.

Also Read: Ex-PM Manmohan Singh gets Supreme Court clean chit in coal block scam case after his death

The top court can issue a direction under Article 142 of the Constitution to annul the marriage between parties if there is “irretrievable breakdown of marriage” and no chance of reconciliation between the husband and wife.

Earlier, the high court had directed Omar to pay his estranged wife a sum of Rs 1.5 lakh every month as interim maintenance towards her expenses and Rs 60,000 each to support the education of the two sons.