Omar challenges maintenance proceedings: HC reserves order

Team Udayavani, Nov 30, 2017, 11:33 AM IST

New Delhi: The Delhi High Court today reserved its order on former Jammu and Kashmir Chief Minister Omar Abdullah’s plea challenging the maintenance proceedings involving his estranged wife in a family court here.

Justice Sangita Dhingra Sehgal said she would pass an order on Abdullah’s plea which has claimed that the petition moved by his estranged wife, Payal Abdullah, and their two sons seeking maintenance from him, was not maintainable.

Payal’s counsel vehemently opposed Omar’s plea and said the National Conference leader’s wife has been deserted for over a year and left to beg to pay the fees of their two sons. During the hearing, Omar’s lawyer argued before the high court that Payal had her own business and a house in the national 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, Omar has sought directions to the family court here to first decide the maintainability of Payal’s plea before it decided on 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. On August 30 last year, a trial court had dismissed Omar’s plea seeking divorce from Payal, saying he had failed to prove irretrievable breakdown of their marriage. His appeal in the high court against the trial court decision is still pending.