SC to dissolve Omar Abdullah’s marriage in terms of settlement reached through mediation

New Delhi, July 31 (IANS) The Supreme Court on Friday said it would pass an order in terms of the settlement reached between Jammu and Kashmir Chief Minister Omar Abdullah and his estranged wife, Payal Abdullah, after being informed that the matrimonial dispute had been amicably resolved through mediation.

A bench of Justice P.S. Narasimha and Justice Alok Aradhe recorded the settlement after senior advocate Kapil Sibal, appearing for Abdullah, informed the top court that all disputes between the parties had been resolved and that they had mutually agreed to dissolve their marriage.

“Both of them have embraced freedom. It’s all settled. Lordships may grant divorce. All other matters will be withdrawn,” Sibal submitted.

Recording the submission, the Justice Narasimha-led Bench observed: “That’s good. We will dispose of it on those terms.”

The development brings the long-pending matrimonial dispute between Omar and Payal Abdullah closer to its conclusion.

Omar Abdullah and Payal Abdullah got married in September 1994 but have been living separately since 2009. The couple has two sons. Omar Abdullah had initially approached the family court seeking divorce on grounds of cruelty and desertion. His divorce plea was dismissed by the Patiala House Court on August 30, 2016, after it held that he had failed to substantiate his allegations and establish circumstances warranting dissolution of the marriage.

The family court also held that Omar Abdullah had failed to prove irretrievable breakdown of the marriage.

Challenging the decision, Omar Abdullah approached the Delhi High Court, contending that the marriage had irretrievably broken down and that the parties had been living separately for several years. However, a Division Bench of Justices Sanjeev Sachdeva and Vikas Mahajan dismissed his appeal in December 2023 and upheld the family court’s decision.

The Delhi High Court held that the allegations of cruelty made by Omar Abdullah against his estranged wife were vague and unacceptable and that he had failed to establish any act of physical or mental cruelty. “We find no infirmity with the view taken by the family court that the allegations of cruelty were vague and unacceptable, and the appellant failed to prove any act that can be termed cruelty, either physical or mental. Consequently, we find no merit in the appeal. The same is accordingly dismissed,” it had said.

Omar Abdullah subsequently approached the Supreme Court challenging the Delhi High Court’s decision and sought relief under the Constitution’s Article 142, which empowers the apex court to pass any order necessary to do “complete justice” in a matter and has been invoked by the apex court in appropriate cases to dissolve marriages that have irretrievably broken down.

Earlier, the Supreme Court had referred the matrimonial dispute to mediation after both sides agreed to explore the possibility of an amicable settlement. The proceedings were thereafter kept pending to await the outcome of the mediation process. The mediation has now resulted in a settlement, with Sibal informing the Supreme Court that all disputes between the parties had been amicably resolved and that the remaining proceedings would be withdrawn in accordance with the settlement.

The Supreme Court had previously issued notice on Omar Abdullah’s plea challenging the Delhi High Court order. With the parties informing the apex court that they had resolved their differences, the Supreme Court said it would dispose of the matter on the terms of the settlement.

–IANS

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