The Delhi High Court on Friday asked a family court to first decide the issue of maintainability of the plea by the estranged wife of former Jammu and Kashmir Chief Minister Omar Abdullah seeking maintenance from him.
The High Court said that before awarding interim maintenance, the family court will also determine whether the couple’s two sons were entitled to maintenance as they both have become major.
‘Interim maintenance’
“Maintainability of the petition under Section 125 of the CrPC and question of award of interim maintenance are inseparable. In order to award interim maintenance, the court concerned shall first arrive at a finding that whether the husband/petitioner neglected or refused to give maintenance to his wife/respondent No.1 and that whether the wife/respondent was unable to maintain herself,” Justice Sangita Dhingra Sehgal said.
The judge also said, “The court will also necessarily have to determine before awarding the interim maintenance whether respondents No. 2 and 3 [the sons] are entitled for the same as both the respondents have attained majority. Therefore the question of grant of interim maintenance can be determined only after the determination of the maintainability of the petition under Section 125 of the CrPC.”
Joint decision
The court said the couple had agreed to not seek any adjournment and will address without causing delays arguments before the family court on December 12, the date already fixed.
