Supreme Court seeks Payal Abdullah response to Omar Abdullah plea for divorce

The Supreme Court on Monday issued notice in a petition filed by former Jammu and Kashmir Chief Minister Omar Abdullah seeking divorce from his wife Payal Abdullah [Omar Abdullah v. Payal Abdullah]..A Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah sought Payal's response on the plea within six weeks..Senior Advocate Kapil Sibal, representing Omar Abdullah, today submitted that the couple's marriage was "dead" as they have been living separately for the past 15 years.He sought the Court's intervention under Article 142 of the Constitution, which empowers the top court to pass any order necessary for doing complete justice in a matter. This provision has been invoked by the top court in the past to dissolve marriages..[BREAKING] Supreme Court can grant divorce using Article 142 powers on irretrievable breakdown of marriage: Constitution Bench.The notice was issued in Abdullah's plea challenging the Delhi High Court's decision to not grant him divorce on the ground of cruelty.The High Court had held that there was no infirmity in the family court order which held that Abdullah's allegations of cruelty against Payal were vague..Omar and Payal got married in September 1994 but have been living separately for a long time. The former's divorce plea was rejected by a family court on August 30, 2016. The family court had held that he failed to prove “irretrievable breakdown of the marriage”.It had said the politician could not prove his claims of "cruelty" or "desertion" and that he was not able to explain a single circumstance that made it impossible for him to continue the relationship with Payal.Omar had then moved the High Court. He claimed that his marriage had broken down irretrievably and that they have been living separately since 2009. .Delhi High Court dismisses Omar Abdullah's plea to modify office order mandating consent of both sides for final hearings amid the pandemic.Earlier, the High Court had enhanced the maintenance to Payal. The National Conference leader had been ordered to pay ₹1.5 lakh per month as maintenance to Payal, and ₹60,000 per month each to his two sons for the time they were enrolled in law school.In proceedings under Section 125 of Code of Criminal Procedure (CrPC), the trial court had earlier granted interim maintenance of ₹75,000 per month to Payal and ₹25,000 to their son till he turns 18.