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.
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.
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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.
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