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The family court had in 2016 refused Abdullah's plea saying he failed to substantiate claims of "cruelty" or "desertion" and couldn't provide circumstances justifying an inability to sustain the relationship
The Supreme Court has today issued notice in the divorce plea filed by former Jammu and Kashmir Chief Minister, Omar Abdullah, seeking separation from his estranged wife, Payal Abdullah.
Abdullah has approached the Supreme Court in an SLP filed against the Delhi High Court's rejection of his plea in December last year.
Senior Advocate Kapil Sibal appearing for Omar Abdullah told the top court today that for the past fifteen years, the marriage was a dead one.
A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah accordingly went on to issue notice.
The High Court's division bench comprising Justices Sanjeev Sachdeva and Vikas Mahajan had upheld the family court's decision, asserting that Omar Abdullah's allegations of cruelty against Payal Abdullah were vague and unacceptable.
Omar and Payal Abdullah entered into matrimony in September 1994 but have been living separately for an extended period. Abdullah's initial divorce plea, filed on August 30, 2016, was rejected by the family court, which cited a lack of evidence supporting the "irretrievable breakdown of the marriage."
The family court had emphasized that Abdullah failed to substantiate claims of "cruelty" or "desertion" and couldn't provide circumstances justifying an inability to sustain the relationship.
Dissatisfied with the family court's decision, Omar Abdullah approached the High Court in September 2016, contending that the marriage had irretrievably broken down since 2009.
Notably, in another ruling, a single-judge bench of the high court increased the maintenance amount payable by Omar Abdullah to Payal Abdullah. Justice Subramonium Prasad mandated 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.
While enhancing the maintenance amount, the judge observed that though a father was not legally responsible for the college education of major children, Abdullah was still liable to pay Rs 60,000 for the education of his son.
In previous proceedings under Section 125 of the Code of Criminal Procedure (CrPC), the trial court had granted interim maintenance of Rs. 75,000 per month to Payal Abdullah and Rs. 25,000 to their son until he reaches the age of 18.
Case Title: Omar Abdullah vs. Payal Abdullah
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