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Regular-article-logo Monday, 13 May 2024

'Cruelty' lesson for Omar

A family court in Delhi today dismissed former Jammu and Kashmir chief minister Omar Abdullah's divorce petition, saying refusal to part ways does not amount to cruelty.

Our Special Correspondent Published 31.08.16, 12:00 AM

New Delhi, Aug. 30: A family court in Delhi today dismissed former Jammu and Kashmir chief minister Omar Abdullah's divorce petition, saying refusal to part ways does not amount to cruelty.

Payal and Omar

Omar had filed for divorce from Payal Abdullah in 2012, 18 years after their wedding and a year after they separated. She had contested the divorce plea.

"Omar had filed the divorce petition on the ground of cruelty in marriage, citing Payal's refusal to give divorce.

"We knew all along that this was a baseless argument," Payal's lawyer Amit Khemka said.

Section 13 of the Hindu Marriage Act and Section 27 of the Special Marriage Act provide for dissolution of marriage on the ground of cruelty. Omar and Payal, the daughter of Maj. Gen. Ram Nath, had got married under the Special Marriage Act after meeting each other while working for a hotel group.

But the laws do not define cruelty, leaving it to the discretion of the judges. Omar has the option to file an appeal in the high court.The former chief minister had confirmed separation from his wife after social circles were agog with his perceived proximity to a television anchor. Omar had then described the "speculation" as "unfounded, untrue and deeply hurtful".

Payal and the couple's two sons were recently told to vacate an Akbar Road residence allotted in Omar's name. The three had then shifted to her father's home in Noida.

"The sons have Z-plus security cover while Payal has Z-security. Since the family has shifted to Noida, there security has been greatly compromised. From 94 personnel working in three shifts, it is reduced to two constables. We will approach the court in this regard," Khemka said.

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