The Supreme Court on Friday said it will grant a divorce to Jammu and Kashmir chief minister Omar Abdullah and his estranged wife, Payal, after the couple informed the court that they had mutually agreed to dissolve their marriage and settle all pending disputes.
The fact was informed to the top court in a proceeding filed by Abdullah challenging an order passed by the Delhi high court turning down his divorce plea. He approached the top court in 2024 and since then, several attempts to mediate the dispute had failed.
Senior advocate Kapil Sibal, appearing for the CM said, "Both of them have embraced freedom. The mutually agreed terms of settlement have already been filed," as a bench of justices PS Narasimha and Alok Aradhe stated, "We will pass an order in terms of the agreement. All cases between them shall also be withdrawn."
Sibal informed the court that on July 22, the mutually agreed terms of condition for divorce was filed in the court seeking a direction for the court to annul the marriage in terms of the agreement.
The divorce battle
Abdullah had challenged the December 12, 2023 judgment passed by the Delhi high court disputing his claim that his estranged wife Payal deserted him and this amounted to mental cruelty for obtaining a decree of divorce. 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.
{{/usCountry}}Abdullah had challenged the December 12, 2023 judgment passed by the Delhi high court disputing his claim that his estranged wife Payal deserted him and this amounted to mental cruelty for obtaining a decree of divorce. 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.
{{/usCountry}}The top court, in the past, had indicated that the they 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.
The marriage took place in September 1994 but due to differences, the two have remain separated since 2009. Since then, Abdullah is staying in Jammu and Kashmir while his wife and two children have remained in Delhi.
The Delhi high court found the allegations of cruelty to be "vague" and dismissed Omar's appeal. It also found justification in the arguments made by the wife who claimed that she did not settle in Kashmir due to security concerns and the education of children, who were attending school in Delhi. On these grounds, even the trial court on August 30, 2016 refused to grant him divorce on grounds of cruelty.
Earlier, the high court had directed Omar to pay his estranged wife a sum of ₹1.5 lakh every month as interim maintenance towards her expenses and ₹60,000 each to support the education of the two sons. However, the wife had sought to raise her interim maintenance, which the high court refused by a separate order passed in August 2023. This order was also carried in appeal before the top court. The final order to be passed is likely to decide this issue.