Family court to look into Abdullah's marital dispute case: Delhi HC

New Delhi: The Delhi High Court has asked a family court to look into the matter of marital dispute of former Jammu and Kashmir Chief Minister Omar Abdullah.

The observation was passed by the HC while disposing off the dispute case that was filed by Abdullah to settle his marital dispute in the Delhi High Court.

The petition had sought financial maintenance from Abdullah for his estranged wife Payal Abdullah and their two sons.

The high court, however, stated that before awarding interim maintenance, the family court would also determine whether the couple’s two sons were entitled to maintenance as they both have become major.

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“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 while disposing off the case.

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.”

Omar’s Plea:

The former J-K CM had sought directions against the order dated September 9, 2016 of the family court (Patiala House) in the maintenance petition of his estranged wife Payal.

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Omar has requested to quash the proceedings against him.

Observation by the HC:

The court directed the counsels of both the parties to address arguments in the family court on December 12 as scheduled without seeking adjournments or delays.

It is to be recalled that Omar, in September 2011, had confirmed that he and his wife are separated, but last year a trial court rejected Omar's divorce petition.