Supreme Court orders mediation in Omar Abdullah, estranged wife Payal divorce battle

The Delhi high court last year dismissed Omar Abdullah's plea seeking divorce, saying there was no merit in his appeal.

The ongoing legal battle between former Jammu and Kashmir chief minister Omar Abdullah and his estranged wife, Payal Abdullah, took a new turn on Friday as the Supreme Court directed both parties to appear for mediation at the Supreme Court Mediation Centre.

Former chief minister and National Conference (NC) vice-president Omar Abdullah was seeking divorce on grounds of cruelty.

The development comes after years of protracted litigation, during which Omar Abdullah has sought a divorce on the grounds of cruelty, citing an irretrievable breakdown of their marriage.

Omar Abdullah, who married Payal on September 1, 1994, filed a petition arguing that the couple had been living separately since 2009 and had not shared a conjugal relationship since 2007.

In his plea, the National Conference leader claimed that their marriage had effectively ended, and the continued legal tie was causing undue hardship. The petition alleged that Payal Abdullah’s conduct had been unreasonable, leading to pain and harassment, and sought a decree of divorce on the grounds of “cruelty” and “desertion”.

Omar Abdullah's divorce plea dismissed in 2023

In December 2023, the Delhi high court dismissed his plea, upholding a 2016 family court order that had also refused to grant the divorce.

The high court ruled that the allegations of cruelty were "vague and unacceptable" and that Omar Abdullah had failed to provide evidence of any behaviour by Payal that could be deemed as cruelty, either physical or mental.

"We find no infirmity in the view taken by the family court that the allegations of cruelty were vague and unacceptable, that the appellant failed to prove any act which could be termed as an act of cruelty, be it physical or mental, towards him," the high court had said.

The family court noted that the couple had remained in contact until the filing of the divorce petition, which contradicted claims of desertion or a complete breakdown of their relationship.

"The petitioner (Omar) has not been able to explain a single circumstance to show that the supervening circumstances have erupted which has made it impossible for him to continue his relationship with the respondent (Payal).

"Rather, evidence shows that they were in continuous contact till the filing of the divorce petition," the trial court had said in its order, adding that "there is not an iota of evidence in regard to the circumstances which have prevailed to prompt the petitioner to file the divorce plea".

In August 2023, the Delhi high court ordered Omar Abdullah to pay ₹1.5 lakh as monthly interim maintenance to Payal and ₹60,000 each for the education of their two sons, who are currently pursuing law.