The Supreme Court has issued a notice to Payal Abdullah, the estranged wife of former Jammu and Kashmir Chief Minister Omar Abdullah, regarding a divorce petition he filed.
The National Conference leader approached the Supreme Court after the Delhi High Court rejected his plea for divorce from his wife on the grounds of cruelty.
A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah has asked Ms. Abdullah to file a response to the petition within six weeks.
Appearing for Mr. Abdullah, senior advocate Kapil Sibal argued that the couple’s marriage was “dead” as they have not been living together for the past 15 years. He requested the Supreme Court’s intervention under Article 142 of the Constitution, which has been previously brought in use to dissolve marriages.
In 2023, a bench of Justices Sanjeev Sachdeva and Vikas Mahajan had upheld a 2016 family court order that refused to grant Mr. Abdullah divorce, stating that the allegations of cruelty against Payal Abdullah were not true. The court said Mr. Abdullah could not prove his allegations of “cruelty” or “desertion.”
In its order, the High Court stated that it found no flaw in the family court’s decision and agreed with its ruling.
“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 order had stated.
Earlier, the High Court directed the National Conference to pay ₹1.5 lakh per month in maintenance to his wife, along with ₹60,000 per month each to his two sons.
