HC dismisses Omar Abdullah plea challenging its office order on final hearing of matters

New Delhi: The Delhi High Court Tuesday dismissed former Jammu and Kashmir chief minister Omar Abdullah's plea challenging its circular of April mandating that both parties in a case have to agree for the final hearing to be taken up early via video conferencing mode.

Omar had contended that his matrimonial appeal against a 2016 trial court order, which dismissed his divorce petition, has been listed for final hearing since February 2017. It was not taken up during the restricted functioning of the courts in view of virus pandemic as his estranged wife, Payal Abdullah, did not give consent to virtual proceedings.

Due to the lack of cooperation by his estranged wife the matter was getting delayed, Abdullah contended. A bench of Justices Hima Kohli and Subramonium Prasad, however, declined to grant any relief saying lack of cooperation of his estranged wife was not a ground for challenging the high court's April 26 office order. "Simply because the respondent 2 herein (Payal Abdullah) was not consenting to an early hearing, can hardly be a ground to assail the office order. The petition is dismissed as meritless," the bench said.

Omar had moved an application seeking early hearing of his appeal. The HC declined to entertain it saying that its Registrar General has already issued a circular stating that during the restricted functioning of courts due to virus, a request for final hearing of pending matters will be entertained only if both agree.