The Supreme Court announced on Friday that it would grant a divorce to Omar Abdullah, the Chief Minister of Jammu and Kashmir, and his estranged wife, Payal. This decision came after both parties informed the court of their mutual agreement to end their marriage and resolve all pending disputes amicably. The case reached the Supreme Court following Omar Abdullah's challenge to the Delhi High Court's refusal to dissolve their marriage. During the hearing, both parties jointly submitted a petition for divorce by mutual consent. They also agreed to withdraw all cases filed against each other.
Background of the Couple's Marriage
Omar and Payal tied the knot in 1994 after meeting while working at the Oberoi Hotel in Delhi. They have two sons, Zahir and Zamir. The couple has been living separately since 2009, with Omar announcing their separation in 2011, marking the end of their 17-year marriage. Senior Advocate Kapil Sibal, representing the couple, informed the bench of Justices PS Narasimha and Alok Aradhe that they had embraced their freedom and filed a petition earlier this month under Article 142 of the Constitution to dissolve their marriage through divorce. In response, Justice Narasimha stated that the court would issue an appropriate order.
Court's Observations on the Separation
The Supreme Court noted that the couple had been living apart for the past 16 years and characterized their relationship as a marriage that had already ended. Initially, Omar sought a divorce on grounds of abandonment and cruelty. However, in 2016, the Family Court dismissed his petition, stating he failed to prove that the marriage was irretrievably broken. The court also deemed the allegations of cruelty vague and unsubstantiated. Subsequently, he challenged the Family Court's decision in the Delhi High Court. In December 2023, a division bench of the High Court upheld the Family Court's ruling, finding no merit in his appeal. The High Court also ordered Omar Abdullah to pay Payal a monthly maintenance of ₹1.5 lakh and ₹60,000 for their son's education. Now that both parties have reached a mutual agreement and consented to withdraw all pending legal matters, the Supreme Court has indicated it will resolve the case based on this agreement and will exercise its powers under Article 142 to approve the divorce.
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