Senior attorney Kapil Sibal for Abdullah appeared before a panel of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, telling the court that their marriage was “dead” because they had been living separately for 15 years.
He urged the court to use its powers under Article 142 of the Constitution to provide comprehensive justice.
The bench agreed to consider the divorce plea and gave Payal six weeks to prepare a response. Abdullah has appealed Delhi High Court’s ruling turning down his application for divorce on the basis of cruelty.
Omar and Payal married in September 1994, but currently live separately. Abdullah had first petitioned the Family Court for divorce, but his request was denied on August 30, 2016. He then moved to the Delhi High Court.
[With TOI inputs]