Delhi High court orders former J&K CM Omar Abdullah to pay ₹1.5 lakh monthly maintenance to estranged wife Payal Abdullah

The Delhi High Court on Thursday ordered former Jammu and Kashmir Chief Minister Omar Abdullah to pay ₹1.5 lakh per month as maintenance to estranged wife Payal Abdullah..Justice Subramonium Prasad further directed Abdullah to pay ₹60,000 per month each to his two sons for the time they were enrolled in law school. The order was passed on a plea by Payal Abdullah who had approached the High Court in July 2018 challenging an order of April 26, 2018 of the trial court. .In proceedings under Section 125 of Code of Criminal Procedure (CrPC), the trial court had granted interim maintenance of ₹75,000 per month to Payal Abdullah and ₹25,000 to their son till he turns 18.She moved the High Court seeking enhancement of the same. .Payal Abdullah argued that the maintenance awarded was too low and that their sons are not old enough to take care of their expenses and have to depend on their parents to pursue their education and their daily expenditures.It was stated that she is a simple homemaker who is currently subsisting on the pension and savings of her father, a retired General from the Army. Omar Abdullah contended that he has never shirked his responsibility towards his sons and has been paying for the maintenance of the children.He said that the plea was an elaborate attempt by Payal Abdullah to harass him and that there was a clear misrepresentation on her part when she said that her income was only ₹60,000. Omar Abdullah also challenged his wife's assertion that she was rendered homeless. He said that she owns a flat worth ₹12 crores in Delhi and is a director in several companies. .After considering the case, the Court said that even if a wife is earning some income, it does not operate as a bar from being awarded maintenance by the husband. Justice Prasad observed that Omar Abdullah is a man of means, and has access to financial privilege that evades the common man. The Court, however, also noted that even though Payal Abdullah is unemployed, she is not a complete destitute."This Court is of the view that in light of the financial capacity of the Respondent to provide a decent standard of living to his wife and children commensurate with his income and the standard of living that the Petitioners enjoyed previously, there is no reason that the maintenance amount awarded to Payal Abdullah should not be enhanced to that extent. Accordingly, this Court observes that there is limited merit in the instant petition and directs the interim maintenance amount to be increased from ₹75,000 per month to ₹1,50,000 per month for the petitioner.".On the issue of maintenance to the two sons, Court said that even though they are above the age of 18 years and, therefore, not entitled to maintenance, but Omar Abdullah cannot abandon them and abdicate his duties as a father. "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.... As the financial status of the Petitioner in CRLREVP 605/2018 [Payal Abdullah] is not particularly dire, this Court abstains from directing the Respondent providing compensation for the children’s schooling," Justice Prasad said..Advocates Prosenjeet Banerjee, Shreya Singhal and Sarthak Bhardwaj appeared for Payal Abdullah and their two sons. Omar Abdullah was represented through advocates Malvika Rajkotia, Ramakant Sharma, Trisha Gupta and Prateek Awasthi. .[Read Judgment]