NEW DELHI: The
Supreme Court
on Monday sought an answer from
Payal Abdullah
, the separated spouse of
Omar Abdullah
a former chief minister of the erstwhile state of Jammu and Kashmir, regarding a petition submitted by the
National Conference leader
seeking divorce on the grounds of cruelty.
The bench, consisting of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah, has given Payal Abdullah six weeks to respond to the notice.
During the hearing, senior advocate Kapil Sibal, representing Omar Abdullah, argued that the marriage was "dead" as the couple has been living apart for the past 15 years.
"We find no infirmity in the view taken by the
family court
that the allegations of cruelty were vague and unacceptable, that the appellant failed to prove any act which could be termed as an act of cruelty, be it physical or mental, towards him," the high court said.
"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 added.
"Rather, evidence shows that they were in continuous contact till the filing of the divorce petition," the trial court said in its order, adding that "there is not an iota of evidence in regard to the circumstances which have prevailed to prompt the petitioner to file the
divorce plea
".
Previously, on December 12, 2023, the
Delhi High Court
had rejected Omar Abdullah's appeal for divorce, stating that there was no merit in his plea. The high court's decision upheld the 2016 family court order, which had denied Omar Abdullah a decree of divorce on grounds of "cruelty" and "desertion," and the court held that he could not prove his claims.
In his divorce petition filed with the family court, Omar Abdullah asserted that his marriage had irretrievably broken down, with the couple not having shared a conjugal relationship since 2007 despite being married on September 1, 1994.
The petition further stated that the couple had been living separately since 2009, and their two sons currently reside with their mother.
The plea also claimed that Payal Abdullah subjected Omar Abdullah to "unreasonable conduct," causing him pain and harassment.
In August 2023, the Delhi High Court's single judge bench ordered Omar Abdullah to provide Rs 1.5 lakh as monthly interim maintenance to his
estranged wife
.
Additionally, the court directed him to pay Rs 60,000 per month for the education of each of his two sons, who are currently studying law.
The high court's decision was in response to petitions filed by Payal Abdullah and the couple's sons, challenging the lower court's 2018 orders that granted her Rs 75,000 and the sons Rs 25,000 each as interim maintenance until they reached the age of majority.
The judge noted that Omar Abdullah possesses the financial means to provide a "decent standard of living to his wife and children" and should not neglect his responsibilities as a father.
(With inputs from agencies)
English (US) ·