The court’s order came on petitions filed by Payal Abdullah and the couple’s sons against the lower court’s 2018 orders, which ordered the boys to receive Rs. 75,000 and Rs. 25,000 was granted interim maintenance.
Justice Subramaniam Prasad said the former Jammu and Kashmir chief minister has the financial capacity to provide a “reasonable standard of living” to his wife and children and should not abandon his duties as a father.
The court said, “The defendant (Omar Abdullah) is a person of means and has access to financial privilege, which the common man is deprived of. While it is understandable that being a politician, disclosing all information regarding financial assets may be risky, there is no doubt that the defendant has the resources to provide for his wife and children.”
The Court said, “(This Court directs) that the amount of interim maintenance for the petitioner (Payal Abdullah) be enhanced from Rs. 75,000 per month to Rs. 1,50,000 per month from the date of petition… Consequently, this Court directs the respondent for the purpose of his education. Ordered to pay Rs 60,000 per month to each of the sons.”
Omar Abdullah told the High Court that he was fulfilling his duty to maintain the children and that his wife was constantly misrepresenting his true financial status.
The court in its order said that a father who has attained the majority of his son should not be exempted from the responsibilities of maintaining and ensuring the proper education of his children and the mother cannot be the sole bearer of the expenses of upbringing and education.
The court clarified that the compensation period would begin from the day the children took admission in their law college, and would continue from there until their graduation. Justice Prasad remarked, “This Court is saddened to learn that in such bitter proceedings parents pawn their children’s happiness at the cost of proving themselves right.
However, the court rejected Payal Abdullah’s request that at this stage, the amount be increased to pay the rent of his current residence.
Noting that the maintenance petition was filed by the petitioners in the year 2016, the court asked the family court to dispose of it as soon as possible, preferably within 12 months.
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