Srinagar: On Monday, the Supreme Court issued a notice to Payal Abdullah, seeking her response to a divorce petition filed by her husband, former Jammu and Kashmir Chief Minister Omar Abdullah. Omar claims that their marriage has irretrievably broken down.

A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah requested Payal’s response to the petition within six weeks, scheduling the next hearing for August 30. Senior advocate Kapil Sibal, representing Omar Abdullah, argued that the marriage was effectively "dead" as the couple has been living separately for the past 15 years. Sibal called for the bench’s intervention under Article 142 of the Constitution, which allows the Supreme Court to issue orders necessary to ensure complete justice. This provision has been previously invoked by the court to dissolve marriages.

Omar Abdullah’s petition challenges the Delhi High Court's decision to deny him a divorce on grounds of cruelty. The high court upheld the family court’s ruling, which found Abdullah’s allegations of cruelty against Payal to be vague. Omar and Payal Abdullah were married in September 1994 but have been living apart for a significant period. Omar’s divorce plea was initially rejected by a family court on August 30, 2016. The family court concluded that he failed to prove the “irretrievable breakdown of the marriage”.

The court noted that Omar Abdullah could not substantiate his claims of “cruelty” or “desertion” and did not provide specific circumstances that made it impossible for him to continue the relationship with Payal. Subsequently, Omar Abdullah approached the high court, asserting that the marriage had irretrievably broken down, noting their separation since 2009.

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