NEW DELHI: The Supreme Court on Friday granted a divorce to Jammu and Kashmir Chief Minister Omar Abdullah and his estranged wife, Payal, sister of Rajasthan Congress leader Sachin Pilot, after the couple informed the court that they had mutually agreed to dissolve their marriage and settle all pending disputes.
The matter reached the Supreme Court after Omar Abdullah challenged Delhi High Court’s refusal to dissolve the marriage and during the proceedings, the couple jointly filed an application seeking dissolution of their marriage by mutual consent.
They have also agreed to withdraw all cases filed against each other.
Omar and Payal got married in1994, after meeting while working at The Oberoi hotel in Delhi. They have two sons, Zahir and Zamir. The couple had been living separately since 2009 and the National Conference leader had announced his separation from Payal in 2011, ending their 17-year-long marital relationship.
Appearing for the couple, Senior Advocate Kapil Sibal told a bench of Justice PS Narasimha and Justice Alok Aradhe that the couple had “embraced freedom”.
He informed the court that the couple had earlier this month filed an application under Article 142 of the Constitution seeking dissolution of their marriage by divorce. In response, Justice Narasimha said the court would pass appropriate orders.
“We will dispose of it in terms of that,” the Supreme Court said.
During an earlier hearing, the Supreme Court had observed that the couple had been living separately for the past 16 years and described their relationship as “a dead marriage”.
Omar had initially sought divorce on the grounds of desertion and cruelty. However, a family court dismissed his petition in 2016, holding that he had failed to prove that the marriage had suffered an irretrievable breakdown. It also found the allegations of cruelty to be vague and unsubstantiated.
He then challenged the family court’s decision before the Delhi High Court. In December 2023, a division bench of the High Court upheld the family court’s order, finding no merit in his appeal.
The High Court had also directed Omar Abdullah to pay Rs 1.5 lakh per month as maintenance to Payal and Rs 60,000 per month towards the education expenses of one of their sons.
With both sides now reaching an amicable settlement and agreeing to withdraw all pending litigation, the Supreme Court said it would dispose of the matter in terms of the settlement and grant the divorce under its powers under Article 142 of the Constitution.
