NEW DELHI: Former J&K Chief Minister Omar Abdullah on Monday asked the Supreme Court to dissolve his marriage with Payal Abdullah, saying they have been living separately for 15 years.
The court decided to examine the plea by the National Conference leader against the Delhi High Court's order, which rejected his petition for divorce.
On behalf of Omar, senior advocate Kapil Sibal submitted before a bench of Justices Sudhanshu Dhulia and Justice Ahsanuddin Amanullah that his client's marriage was dead.
He said the petitioner and his estranged wife Payal have been living separately for the last 15 years and the marriage was dead. He asked the apex court to invoke Article 142 of the Constitution to dissolve the marriage.
Omar and Payal Abdullah got married on September 1, 1994. They have been living separately since 2009.
The former Chief Minister of the erstwhile state of Jammu and Kashmir had filed the petition in the apex court challenging a Delhi High Court decision, which rejected his plea seeking divorce from his wife on the grounds of cruelty.
The court issued a notice to Payal and sought her response within six weeks.
In his plea in the apex court, Omar sought divorce on the grounds of cruelty.
In December 2023, the Delhi High Court dismissed Omar's plea seeking divorce. In 2016, a family court too had declined to grant a decree of divorce to him saying that the allegations of cruelty against Payal Abdullah were vague.
The HC also found that he could not prove claims of "cruelty" or "desertion". The High Court had upheld the family courts order. Omar and Payal Abdullah share the custody of their two sons.
In a separate decision, the Delhi High Court's single-judge bench enhanced the maintenance amount payable by Omar Abdullah to Payal Abdullah.
Justice Subramonium Prasad ordered Omar to pay a monthly maintenance payment of Rs 1.5 lakh to Payal and Rs 60,000 each to their two sons during their enrollment in law school.
