Delhi HC enhances maintenance awarded to former J&K CM Omar Abdullah’s wife  

Delhi HC enhances maintenance awarded to former J&K CM Omar Abdullah’s wife  

Omar Abdullah’s estranged wife Payal. File
| Photo Credit: Sushil Kumar Verma

The Delhi High Court on Thursday directed former Jammu and Kashmir Chief Minister Omar Abdullah to pay ₹1.5 lakh per month as to his estranged wife, Payal Abdullah, as maintenance.

Justice Subramonium Prasad also directed Mr. Abdullah to pay a sum of ₹60,000 per month each to his two sons both of whom are pursuing their graduation degree in law.

“The period of compensation shall commence from the date when the children were enrolled in the law college, and shall subsist till their graduation from the law college,” the judge said.

The high court order came on an appeal filed by Ms Payal Abdullah challenging an order of April 26, 2018 of a trial court here grantung interim maintenance of ₹75,000 per month to her and ₹25,000 to one of their sons till he turns 18.

Payal Abdullah stated that Mr. Abdullah has abandoned her since 2013 and filed for dissolution of marriage on the grounds of desertion and cruelty. The Family Court here on August 30, 2016 dismissed the plea.

An appeal against the same filed by Mr. Abdullah before the high court is pending adjudication.

On Thursday, Justice Prasad said, “In the instant case, a bare perusal of the record indicates that the Respondent is a man of means, and has access to financial privilege that evades the common man”.

Further, in the instant case, a perusal of the Income Affidavits of the husband and the wife indicates that the husband does indeed leads a lavish lifestyle. Documents have been attached with the petition which reveal that the Respondent has been travelling to Dubai and London, living in five star and seven star hotels and spending lakhs on such luxuries,” it added.

“Additionally, the wife, on the other hand is the Director of three loss making companies. She has also studied only till Class XII and her father is a retired Army General. However, it must also be noted that, though unemployed, the wife is also not a complete destitute,” the high court said.

The judge, however, said in light of the financial capacity of Mr. Abdullah to provide a decent standard of living to his wife and children commensurate with his income and the standard of living that Ms. Payal Abdullah enjoyed previously, “there is no reason that the maintenance amount awarded to Payal Abdullah should not be enhanced to that extent”.

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