Supreme Court Dissolves Omar Abdullah’s Marriage After Amicable Settlement Under Article 142
Bringing an end to a matrimonial dispute that lasted over a decade and a half, the Supreme Court has dissolved the marriage between Jammu and Kashmir Chief Minister Omar Abdullah and his estranged wife, Payal Abdullah, after both parties reached an amicable settlement and jointly sought divorce by mutual consent. The decision was rendered by invoking the Court’s extraordinary powers under Article 142 of the Constitution, enabling it to do “complete justice” between the parties.
A Bench comprising Justices P.S. Narasimha and Alok Aradhe recorded that the couple had resolved all outstanding disputes and filed a joint application requesting dissolution of their marriage. Senior Advocate Kapil Sibal, appearing for Omar Abdullah, informed the Court that all pending issues had been settled and that both parties had agreed to withdraw the legal proceedings initiated against each other.
During the hearing, the Bench welcomed the settlement and observed that the agreed terms would form part of the final order. The Court subsequently disposed of the long-pending matrimonial proceedings, formally dissolving the marriage in accordance with the settlement reached by the parties.
The case had reached the Supreme Court after Omar Abdullah challenged a December 2023 judgment of the Delhi High Court, which had upheld the Family Court’s refusal to grant him a divorce on the grounds of cruelty. The High Court had concluded that the allegations were insufficient to justify dissolution of the marriage under the provisions invoked.
Recognising the prolonged separation between the couple, the Supreme Court had earlier referred the matter to the Supreme Court Mediation Centre in 2024 to explore the possibility of an amicable resolution. The mediation ultimately proved successful, leading to a comprehensive settlement and a joint request for divorce by mutual consent under Article 142.
Omar Abdullah and Payal Abdullah were married on 1 September 1994 and had been living separately since 2009. They have two sons. Their matrimonial dispute had continued through various legal proceedings for several years before finally being resolved through mediation and mutual agreement.
Legal experts note that the judgment once again highlights the Supreme Court’s power under Article 142 to dissolve marriages that have irretrievably broken down when both parties have settled their disputes. While the Court ordinarily exercises this power sparingly, it has increasingly relied on Article 142 in cases where prolonged litigation serves no useful purpose and the parties have voluntarily agreed to separate.
