The Delhi High Court on Thursday sought the stand of Payal Abdullah, the estranged wife of former Jammu and Kashmir Chief Minister Omar Abdullah, on his plea challenging maintenance proceedings in a family court here.
Justice Sangita Dhingra Sehgal asked Ms. Abdullah to file her response by November 24 on Mr. Abdullah’s plea claiming that the petition moved by her and their two sons seeking maintenance from him was not maintainable.
House in Delhi
During the hearing, the former Chief Minister’s lawyer argued before the High Court that Ms. Abdullah runs a business and has house in the Capital and therefore she has to first establish that she cannot maintain herself to be entitled for the relief.
The lawyer also contended that their two sons were adults now and therefore they too cannot seek maintenance.
In his plea, Mr. Abdullah has sought directions to the family court to first decide the maintainability of his estranged wife’s plea before it decides the issue of interim maintenance.
He has also challenged the family court’s September 9, 2016, order issuing summons to him in the maintenance case.
The next date of hearing before the family court is December 9, the lawyers told the High Court which, thereafter, listed the matter for further arguments on November 29.
A trial court had on August 30 last dismissed Mr. Abdullah’s plea seeking divorce from Ms. Abdullah, saying that he had failed to prove irretrievable breakdown of the marriage. His appeal in the High Court against the trial court’s decision is still pending.
