NEW DELHI: PUTTING a lid on a long legal chapter of matrimonial dispute spanning over 16 years, the Supreme Court on Friday agreed to dissolve the marriage of J&K Chief Minister Omar Abdullah and Payal Abdullah after noting their joint position that they have “embraced freedom”.
“We will make it a part of our order and will dispose it of in terms of that ... will pass a formal order later,” said a bench of justices P S Narasimha and Alok Aradhe.
Senior advocate Kapil Sibal, appearing for the National Conference leader, on Friday informed the bench that an application under Article 142 of the Constitution, seeking dissolution was filed as the matter was “settled between the parties.” “Both of them have embraced freedom. It’s all settled. (Article) 142 has been filed in the case. Your lordships may grant divorce,” he contended before the court.
Sibal added that all other matters will be withdrawn as it was set out in the application. The court was haring two petitions, including Omar’s plea seeking divorce on grounds of cruelty. The couple had got married on September 1, 1994.
In July 2024, the court sought Payal’s response to Omar’s challenge to a Delhi High Court order that dismissed his appeal and upheld the 2016 family court decision denying divorce. After his plea was dismissed by Delhi HC, Omar moved the apex court.
Before the HC passed the order, the family court on August 30, 2016 had dismissed the plea, ruling that Omar failed to prove cruelty or desertion. His petition claimed the marriage was irretrievably broken, with no conjugal relationship since 2007 and separation since 2009.