The case, presided over by a bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, has been scheduled for review after eight weeks, with instructions for the mediation process to commence promptly.
NEW DELHI: The Supreme Court(30th Aug) has referred the divorce case of former Jammu and Kashmir Chief Minister Omar Abdullah and his estranged wife, Payal Abdullah, to mediation. The decision follows a joint request made by their legal representatives.
READ ALSO: Omar Abdullah’s Divorce Plea| SC Seeks Wife Payal Abdullah’s Response
The case, presided over by a bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, has been scheduled for review after eight weeks, with instructions for the mediation process to commence promptly.
Senior Advocate Shyam Divan, representing Payal Abdullah, suggested that a mediation attempt be made, a sentiment echoed by Senior Advocate Kapil Sibal, who represents Omar Abdullah, stating that mediation might be necessary to resolve the matter.
The Supreme Court earlier issued notice in the Special Leave Petition (SLP) filed by Omar Abdullah after the Delhi High Court dismissed his plea in December of the previous year.
Sibal had argued before the court that the marriage had effectively been over for the past fifteen years, a point he reiterated during today’s hearing.
The Delhi High Court’s division bench, consisting of Justices Sanjeev Sachdeva and Vikas Mahajan, upheld the family court’s ruling, which rejected Omar Abdullah’s divorce plea. The court found his allegations of cruelty against Payal Abdullah to be vague and unsubstantiated.
Omar and Payal Abdullah were married in September 1994 but have lived apart for a significant time. Omar Abdullah initially filed for divorce on August 30, 2016, but the family court dismissed his petition, citing a lack of evidence for an “irretrievable breakdown of the marriage.”
The court noted that Omar Abdullah could not prove allegations of “cruelty” or “desertion” nor demonstrate circumstances that would justify the dissolution of the marriage.
Following the family court’s decision, Omar Abdullah appealed to the High Court in September 2016, arguing that the marriage had irretrievably broken down since 2009.
In a separate ruling, a single-judge bench of the High Court increased the maintenance payments Omar Abdullah is required to make to Payal Abdullah.
Justice Subramonium Prasad ordered Omar to pay Rs. 1.5 lakh per month to Payal and Rs. 60,000 each to their two sons while they are in law school.
The judge noted that while a father is not legally obligated to fund the college education of adult children, Omar Abdullah is still required to contribute Rs. 60,000 per month for his son’s education.
Previously, in proceedings under Section 125 of the Code of Criminal Procedure (CrPC), the trial court awarded interim maintenance of Rs. 75,000 per month to Payal Abdullah and Rs. 25,000 to their son until he reaches 18 years of age.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
