Omar Abdullah moves SC, seeks early hearing of divorce case pending for past 5 years

Former Jammu and Kashmir chief minister Omar Abdullah has moved the Supreme Court, challenging a Delhi High Court circular that requires both parties’ – in the divorce case with his wife – consent for virtual hearing in the case. This comes after his wife’s lawyer allegedly refused to accept proceedings via video conferencing. 

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A bench comprising Chief Justice of India S A Bobde and Justices A S Bopanna and V Ramasubramanian have agreed to hear the plea and issued a notice, according to a report in The Times Of India. However, it refused an early hearing of the plea, saying that the matter will be taken up in due course.

The National Conference leader moved the apex court after the Delhi HC dismissed his plea against a circular it issued earlier, saying lack of cooperation from his wife, Payal, was not ground for challenging the April 26 order. 

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Abdullah stated that his appeal against a 2016 trial court order, which dismissed his divorce petition, has not been listed for hearing since February 2017. It was not taken up for hearing during the curtailed working of the judiciary amid the raging COVID-19 pandemic as his wife’s lawyer did not consent to virtual proceedings. 

Abdullah had filed an application for early hearing of his appeal in July last year. 

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The Delhi HC had earlier refused to entertain the appeal, saying a request for final hearing of the matters will only be taken up if both parties agree. 

On August 30, 2016, the trial court dismissed Abdullah’s divorce plea, saying he did not provide proof of his marriage with Payal deteriorating irrevocably.