Omar Abdullah Divorce Case: Supreme Court Ends Marriage by Mutual Consent Under Article 142

Omar Abdullah and Priya Nath Divorce Case: The Supreme Court disposed of Omar Abdullah's divorce case after the Jammu and Kashmir Chief Minister and Payal Abdullah reached an amicable settlement and sought divorce by mutual consent.

Jammu and Kashmir Chief Minister Omar Abdullah and his estranged wife, Payal Abdullah, have mutually agreed to dissolve their marriage. This decision has brought their long-running matrimonial dispute to an end. The Supreme Court was informed on Friday that both parties had reached an amicable settlement. They had jointly filed an application under Article 142 of the Constitution, seeking dissolution of their marriage by mutual consent.

Appearing on behalf of Omar Abdullah, senior advocate Kapil Sibal informed a bench comprising Justice P.S. Narasimha and Justice Alok Aradhe that all disputes between the parties had been resolved amicably.

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 All other matters will be withdrawn,” Sibal submitted before the court.

Recording the settlement, the bench observed, “That’s good. We will dispose it of on those terms,” while disposing of the appeal in view of the agreement reached between the parties.

Omar Abdullah-Priya Nath Divorce Dispute Comes to an End

In the current case, the apex court was hearing two related cases, one being the appeal filed by Omar Abdullah in which he wanted to get divorced on grounds of cruelty. The issue had been pending for many years because of the previous refusal to grant him a divorce.

In July 2024, the Supreme Court had sent a notice to Payal Abdullah regarding the appeal filed by Omar Abdullah against the decision of the Delhi High Court, which had rejected his petition for a divorce. In the meantime, the apex court had also urged both the spouses to think about settling the issue through discussion.

Their settlement made it possible to file a joint petition in the Supreme Court using Article 142 of the Constitution, according to which the court could grant relief on the basis of mutual agreement.

Omar Abdullah and Priya Nath: Marriage and Separation

Omar Abdullah and Payal Abdullah got married in September 1994. With this marriage, they had two sons. According to the court documents and previous statements, the couple had been living separately since 2009.

In 2011, Omar Abdullah publicly announced that the couple had separated, marking the end of his 17-year marriage. This led to litigation concerning the dissolution of the marriage.

What Court Said Earlier in Omar Abdullah and Priya Nath Divorce Case?

It is to be noted that in this divorce case, there were multiple stages of litigation, which finally concluded at the Supreme Court of India.

In 2016, Omar Abdullah got a rejection from the Family Court for giving a divorce decree. The Delhi High Court in 2018 also dismissed his plea seeking dissolution of marriage on the ground of cruelty.

The Delhi High Court in August 2023 directed Omar Abdullah to pay interim maintenance of ₹1.5 lakh a month to Payal Abdullah. Besides, he has to pay a monthly maintenance of ₹ 60000 for the education of their two sons. His appeal against the Family Court decision was dismissed by the High Court in December 2023.

Omar Abdullah and Priya Abdullah Divorce Settlement Before the Supreme Court

However, the case was handled differently by the Supreme Court when both parties opted for an amicable solution to their conflict. In previous cases, the apex court had recommended to the couple to try and sort out the problems arising from their marriage amicably.

After such attempts, Omar Abdullah and Payal Abdullah notified the court that they had made a total settlement. It has been reported by senior counsel Kapil Sibal that all future disputes arising from their marriage will be withdrawn under the settlement.

It means that the Supreme Court has disposed of the appeal based on the settlement, and thus the lengthy process of litigation between the two has finally come to an end.

What Is Article 142?

Under Article 142 of the Indian Constitution, the Supreme Court can pass an order for the doing of “complete justice” in any case pending before it. The Article gives the apex court the power to provide a solution ending the dispute between the parties in an appropriate case, and such cases include some matrimonial cases where there is a settlement.

Timeline of the Omar Abdullah and Priya Nath Case

• September 1994: Marriage of Omar Abdullah and Payal Nath takes place.
• 2009: The couple starts living separately.
• 2011: Omar Abdullah announces separation.
• 2016: Family Court refuses divorce.
• August 2023: Delhi High Court passes an order regarding interim maintenance and education expenses.
• December 2023: Delhi High Court rejects divorce appeal filed by Omar Abdullah.
• July 2024: Supreme Court requests Payal Abdullah’s reply to the case, and asks her to attempt to find a settlement.
• Friday, July 31, 2026: Supreme Court learns from the couple that the dispute has been amicably settled by both parties and that they want to get divorced under Article 142.
  

The settlement marks the conclusion of a  legal dispute that spanned several years, with both Omar Abdullah and Payal Abdullah choosing to end their marriage through mutual consent after prolonged litigation.

News is originally taken from: https://bit.ly/4pRfBlZ

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