‘Both have embraced freedom’: Supreme Court grants divorce to Omar Abdullah, Payal after settlement

New Delhi: Jammu and Kashmir Chief Minister Omar Abdullah and his estranged wife Payal Abdullah informed the Supreme Court on Friday that they had settled their matrimonial dispute through mediation.

A bench of Justices PS Narasimha and Alok Aradhe said it would record the settlement terms in its order and dispose of the case accordingly.

“We will make it a part of our order and will dispose of it in terms of that,” the bench said.

Couple reaches settlement

Senior advocate Kapil Sibal, who represented Omar Abdullah, told the court that the couple had amicably resolved all disputes and decided to move ahead with their lives. He requested the bench to grant them a divorce by exercising its special powers under Article 142 of the Constitution.

“Both of them have embraced freedom. It’s all settled. (Article) 142 filed. Your lordships may grant divorce,” Sibal said.

Article 142 allows the Supreme Court to pass orders required to deliver complete justice in a case before it.

Application filed in July

The bench asked when the settlement application had been placed on record. The court was informed that the parties filed it on July 22.

Sibal said the couple would withdraw all other proceedings connected with their matrimonial dispute.

“All other matters will be withdrawn. It is all set out (in the application),” he told the bench.

The Supreme Court had earlier sought Payal Abdullah’s response after Omar Abdullah challenged the Delhi High Court’s refusal to grant him a divorce.

Marriage dispute reaches court

Omar Abdullah and Payal married on September 1, 1994. In his divorce petition, the Jammu and Kashmir chief minister claimed that their marriage had broken down irretrievably.

He said they had not shared a conjugal relationship since 2007 and had lived separately since 2009. He also accused Payal of “unreasonable conduct”, which he claimed caused him pain and harassment.

A family court rejected his divorce petition in August 2016. He later challenged that decision before the Delhi High Court.

High Court rejected plea

In December 2023, the Delhi High Court upheld the family court’s order and refused to grant Omar Abdullah a divorce. It found no merit in his petition.

The High Court had also directed him to pay Rs 1.5 lakh every month as interim maintenance to Payal. Omar Abdullah then approached the Supreme Court against the ruling.

The mediation settlement now clears the way for the Supreme Court to dispose of the dispute and grant appropriate relief under the agreed terms.