Omar Abdullah, Payal Abdullah agree to mediation; Supreme Court defers divorce case hearing

The Supreme Court on Friday deferred the hearing in the divorce plea filed by former Jammu and Kashmir Chief Minister and National Conference leader Omar Abdullah against his estranged wife Payal Abdullah, after both parties agreed to give mediation a chance to resolve their differences [Omar Abdullah v. Payal Abdullah]..A Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah said that the Court would hear the matter after ten weeks, when a mediator's report is to be submitted. .Omar and Payal got married in September 1994 but have been living separately for a long time. Omar's divorce plea was first rejected by a family court on August 30, 2016. The family court had held that he failed to prove that his marriage had irretrievably broken down. It also 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 Delhi High Court. However, the High Court also rejected the divorce plea, which prompted the politician to approach the Supreme Court for relief. 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 Supreme Court in the past to dissolve marriages that were beyond repair (irretrievably broken down marriages)..Senior Advocate Kapil Sibal appeared for Omar Abdullah and reiterated today that the estranged couple have been living apart for around 15 years. Senior Advocate Shyam Divan represented Payal Abdullah. On a query by the Court, Divan said that an attempt to resolve the dispute by mediation could be explored. "We think there can be an attempt at mediation," he said. "Yes, even we were thinking so. Though he has a Constitution Bench judgment in his favour," the Court replied. "I do not think it will lead to anything being resolved, but my lords can go ahead," Sibal said. .Divan suggested that recently retired Supreme Court judges, Justices Kurian Joseph, Hemant Gupta and S Ravindra Bhat could be appointed as mediators by the Court. The Court, however, suggested that the parties could approach the Supreme Court mediation centre instead. .The Court proceeded to adjourn the hearing after calling for the mediator's report by the next hearing. Sibal requested a long date for the next hearing since Omar Abdullah is slated to contest the assembly elections in the Union Territory of Jammu and Kashmir. "Go to the Supreme Court mediation centre only. Try and see if there can be a settlement. We understand some marriages are not fixable but ... Bench orders accordingly, matter to be listed after 10 weeks after report of mediator received," the Court said. .Divan added that while Payal Abdullah has also filed a plea regarding the maintenance payable to her by Omar Abdullah, these proceedings would be pursued gradually."I have also filed an SLP regarding maintenance but in the meantime we will proceed with that slowly," Divan said. .Earlier, the Delhi High Court had enhanced the maintenance payable to Payal. Omar Abdullah 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 remained enrolled in law school..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.