Justice Sangita Dhingra Sehgal asked Payal to file her response by November 24 on Omar’s plea claiming that the petition moved by her and their two sons seeking maintenance from him was not maintainable.
During the hearing, Omar’s lawyer argued before the high court that Payal has 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 to first decide maintainability of Payal’s plea before it decides 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 which, thereafter, listed the matter for further arguments on November 29.
Earlier a trial court on August 30 last had dismissed Omar’s plea seeking divorce from Payal Abdullah, saying that he had failed to prove irretrievable breakdown of the marriage.
His appeal in the high court against the trial court decision is still pending.