The Supreme Court on Monday sought response on a petition filed by former Jammu and Kashmir Chief Minister and National Conference leader Omar Abdullah, seeking a divorce from his wife, Payal Abdullah.
A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah has issued notice to Payal Nath and scheduled the matter for further hearing after 6 weeks.
Appearing for the National Conference leader, senior advocate Kapil Sibal argued that the couple’s marriage was “dead,” as they have been living separately for the past 15 years. He sought the Court’s intervention under Article 142 of the Constitution, which empowers the Supreme Court to pass any order necessary for complete justice in a matter.
This provision has been invoked by the Court in the past to dissolve marriages.
The apex court was hearing Abdullah’s plea challenging the Delhi High Court’s decision not to grant him a divorce on the grounds of cruelty. The High Court had determined that there was no infirmity in the family court’s order, which found Abdullah’s allegations of cruelty against Payal to be vague.
‘Irretrievable Breakdown of the Marriage’
Omar and Payal married in September 1994 but have been living separately for an extended period. Abdullah’s divorce plea was previously rejected by a family court on August 30, 2016. The family court held that he failed to prove an “irretrievable breakdown of the marriage.”
It stated that the politician could not substantiate his claims of “cruelty” or “desertion” and was unable to explain any circumstance that made it impossible for him to continue the relationship with Payal. Omar subsequently appealed to the High Court, asserting that his marriage had irretrievably broken down and that they have been living separately since 2009.
Previously, the High Court had increased the maintenance for Payal. The former chief minister was ordered to pay Rs 1.5 lakh per month as maintenance to Payal and Rs 60,000 per month each to their two sons while they were enrolled in law school. In proceedings under Section 125 of the Code of Criminal Procedure (CrPC), the trial court had previously granted interim maintenance of Rs 75,000 per month to Payal and Rs 25,000 to their son until he turns 18.
