The Supreme Court on Friday said it would grant a divorce to Jammu and Kashmir Chief Minister Omar Abdullah and his estranged wife, Payal after they jointly approached the Supreme Court for a divorce by mutual consent. After a prolonged matrimonial dispute, both sides have reached a settlement.
During the hearing, senior advocate Kapil Sibal informed the Supreme Court that the couple “wanted freedom” and had requested the court to grant a divorce decree by invoking Article 142 of the Constitution.
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Couple Seeks Relief Under Article 142
Kapil Sibal told the Supreme Court that Omar Abdullah and Payal Abdullah had reached an agreement on all pending issues. He said the required application under Article 142 had already been filed, allowing the court to directly grant a divorce decree.
“All issues have been settled. The application under Article 142 has been filed. The court may now grant the divorce,” Sibal submitted before the bench.
What Is Article 142?
Article 142 of the Constitution empowers the Supreme Court to ensure “complete justice” in exceptional cases. Under this provision, the court can dissolve a marriage without following the usual legal procedure or mandatory cooling-off period, if circumstances warrant. Omar and Payal Abdullah have sought dissolution of their marriage under this constitutional provision.
Married in 1994, Living Separately Since 2009
Omar Abdullah and Payal Abdullah got married on September 1, 1994, and have two sons. However, the couple has been living separately since 2009, and their marital relationship has remained strained for nearly 17 years. They have now decided to end their marriage through mutual consent.
Court Had Rejected Divorce Plea
Earlier, Omar Abdullah had sought divorce on grounds of cruelty and desertion. In 2016, the Delhi Family Court dismissed his petition. He later challenged the decision in the Delhi High Court, but in December 2023, the High Court upheld the Family Court’s order.
The High Court had observed that the allegations of cruelty were neither sufficient nor specific enough to justify granting a divorce.
SC Referred Matter For Mediation
After failing to secure relief from the Delhi High Court, Omar Abdullah approached the Supreme Court. During the proceedings, the apex court referred the matter to the Supreme Court Mediation Centre to explore an amicable resolution.
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The mediation process resulted in a settlement between both parties, following which they decided to seek dissolution of their marriage by mutual consent.
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