The Supreme Court on Monday issued a notice to Payal Abdullah, the estranged wife of National Conference leader Omar Abdullah, seeking her response to his plea for divorce on grounds of cruelty. A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah gave her six weeks to reply.
Senior advocate Kapil Sibal, representing Omar Abdullah, argued at the outset that the marriage was effectively “dead” as the couple had been living separately for the past 15 years.
Background of the Case
Omar Abdullah’s plea for divorce was previously dismissed by the Delhi High Court on December 12, 2023. The High Court found no merit in his appeal and upheld a 2016 family court decision that refused to grant the divorce.
The High Court stated, “We find no infirmity in the view taken by the family court that the allegations of cruelty were vague and unacceptable. The appellant failed to prove any act which could be termed as an act of cruelty, be it physical or mental, towards him.”
Family Court’s Observations
On August 30, 2016, the family court had dismissed Omar Abdullah’s plea, concluding that he could not substantiate his claims of “cruelty” or “desertion,” which were the grounds for his divorce request.
The family court’s order stated, “The petitioner (Omar) has not been able to explain a single circumstance to show that the supervening circumstances have erupted which has made it impossible for him to continue his relationship with the respondent (Payal).”
The court further noted, “Rather, evidence shows that they were in continuous contact till the filing of the divorce petition. There is not an iota of evidence in regard to the circumstances which have prevailed to prompt the petitioner to file the divorce plea.”
Current Supreme Court Proceedings
The Supreme Court’s notice to Payal Abdullah marks the latest development in this prolonged legal battle. The court’s decision to seek her response indicates a willingness to re-examine the case, potentially offering Omar Abdullah another opportunity to argue his case for divorce.
The case has drawn significant public attention due to the high-profile nature of the individuals involved. Omar Abdullah, a former Chief Minister of the erstwhile state of Jammu and Kashmir, and Payal Abdullah have been in the public eye for many years.
The next steps will involve Payal Abdullah submitting her response to the Supreme Court, after which the court will decide on the further course of action. The legal proceedings will continue to scrutinize the claims and evidence presented by both parties to determine the validity of the grounds for divorce.
Implications
This case underscores the complexities involved in high-profile divorce cases, particularly when allegations such as cruelty and desertion are brought to court. The outcomes of such cases often hinge on detailed examinations of evidence and testimonies, as well as the interpretations of legal standards regarding marital conduct and obligations.
The Supreme Court’s involvement adds a new dimension to the case, potentially influencing future interpretations of similar divorce petitions based on cruelty and desertion. The legal community and the public will be watching closely as the proceedings unfold in the coming weeks.
