The Supreme Court on Friday disposed of the matrimonial dispute involving Omar Abdullah and his estranged wife, Payal Abdullah, after being informed that the parties had amicably resolved all their disputes through mediation.

A Bench comprising Justice P. S. Narasimha and Justice Alok Aradhe disposed of the appeal after Senior Advocate Kapil Sibal, appearing for Omar Abdullah, informed the Court that the mediation process had resulted in a complete settlement between the parties.

Addressing the Bench, Sibal submitted:

"Both of them have embraced freedom. It's all settled. Lordships may grant divorce. All other matters will be withdrawn."

The Bench welcomed the development and observed:

"That's good. We will dispose it of on those terms."

Long-Running Matrimonial Dispute Comes to an End

Omar Abdullah and Payal Abdullah were married in September 1994 but had been living separately for several years. Omar Abdullah initially approached the family court seeking dissolution of the marriage.

However, on August 30, 2016, the family court dismissed his divorce petition, holding that he had failed to establish that the marriage had irretrievably broken down. The court also concluded that the allegations of cruelty and desertion were not proved and that there was insufficient material to demonstrate that continuation of the marital relationship had become impossible.

Aggrieved by the decision, Omar Abdullah challenged the order before the Delhi High Court. The High Court also declined to grant him a divorce, leading him to approach the Supreme Court.

Relief Sought Under Article 142

Before the Supreme Court, Omar Abdullah sought dissolution of the marriage by invoking Article 142 of the Constitution, which empowers the Court to pass such orders as are necessary to do complete justice in any matter before it.

The Supreme Court has, in several previous cases, exercised this extraordinary constitutional power to dissolve marriages that had irretrievably broken down, even where such a ground is not expressly available under the statutory framework.

Recognising the possibility of a negotiated resolution, the Supreme Court had, in August 2024, referred the parties to mediation after both sides consented to explore an amicable settlement. The matter was thereafter deferred to await the mediator's report.

With the successful conclusion of the mediation proceedings, the Court has now disposed of the appeal, paving the way for dissolution of the marriage in terms of the settlement arrived at between the parties.

Case Details:-

SLP(C) No. 7427/2024
OMAR ABDULLAH UDITA SINGH
Versus
PAYAL ABDULLAH