National Conference Vice President Omar Abdullah.
Credit: PTI Photo
New Delhi: The Supreme Court on Monday decided to consider a plea by National Conference leader Omar Abdullah against the Delhi High Court's order, which rejected his petition for divorce with his wife Payal Abdullah finding no merit in it.
Senior advocate Kapil Sibal, appearing for Omar Abdullah, submitted before a bench of Justices Sudhanshu Dhulia and Justice Ahsanuddin Amanullah that his client's marriage was 'dead'.
He said the petitioner and his estranged wife Payal have been living separately for the last 15 years and the marriage was dead. He asked the apex court to invoke Article 142 of the Constitution to dissolve the marriage.
Omar and Payal Abdullah got married on September 1, 1994. They have been living separately since 2009.
The former Chief Minister of the erstwhile state of Jammu and Kashmir had filed the petition in the apex court challenging a Delhi High Court decision, which rejected his plea seeking divorce from his wife on the grounds of cruelty.
The court issued a notice to Payal seeking her response within six weeks. In his plea in the apex court, Omar sought divorce on the grounds of cruelty.
In December 2023, the Delhi High Court dismissed Omar's plea seeking divorce. In 2016, a family court too had declined to grant a decree of divorce to him saying that the allegations of cruelty against Payal Abdullah were vague.
The HC also found that he could not prove claims of "cruelty" or "desertion". The High Court had upheld the family court’s order. Omar and Payal Abdullah share the custody of their two sons.