Dear Sir / Madam,
I am writing to seek comprehensive guidance on a matter related to a divorce case involving my sister, Shital, and her husband, Sanjay. Both parties are Hindu Indian citizens living in Maharashtra. I will outline the situation in extensive detail below.
Background Information
Marriage and Separation Details: Shital and Sanjay were engaged on Janewary 2020 and married on November 2020. They have been living separately since June 2022, without children, after suffering from Sanjay's mental and physical cruelty.
Legal Actions Taken by Shital: A case was filed under the “Protection of Women from Domestic Violence Act 2005 (PWDVA)” on March 2023 at Malegaon, seeking interim maintenance, maintenance, and compensation for damages.
Legal Actions Taken by Sanjay: Sanjay filed a case under Section 9 of the Hindu Marriage Act, 1955, on April 2023 at Nandurbar.
Key Points of the Case
Sanjay's Family Businesses and Roles: The family owns educational institutions, under which a school and college are running. The family members are owners, with the father serving as Chairman and President, Sanjay as Secretary, and the mother in a high post.
Sanjay's Involvement in Family Business: Sanjay is not engaged in any external job; he handles the family's business, including the management of their school, college, and farming.
Properties and Farms: Sanjay has income from a farm that may be in his father's name, and an extra house and a block in a shopping complex possibly in his parents' name. He also receives rent from these properties.
Family's Land Holdings: The family has extensive land investments, with large plots in the names of his parents. Sanjay also owns land where the school is located.
Family Structure and Inheritance: Sanjay has two sisters; one is married, and the other is divorced and financially independent. Sanjay is the sole heir to his parents' property.
Financial Sources: Main sources include rent from their school and college properties, such as land, vehicles, and buildings, and income from farming.
Maintenance Request and Opposition: Shital has requested INR 25,000 per month as interim maintenance and INR 45,000 as final maintenance. Sanjay's family is hiding their true financial standing to avoid responsibility.
Sanjay's Role as a Beneficiary: Sanjay is the full beneficiary of all sources from his father and mother and controls those properties. The concept of a Hindu Undivided Family (HUF) might also be applicable.
Specific Inquiry
My main inquiries are:
How can I legally request the court to consider the income sources and properties of Sanjay's father and mother in our PWDVA case? Please reply in details.
On what grounds can I prove or suggest that their income and properties should be considered in Sanjay's income sources in our case?
Please provide guidelines, legal grounds, or references to previous cases where family income was considered in a maintenance claim?
This matter is of utmost importance to us, and your expert guidance will be highly appreciated. If any further information is needed, please do not hesitate to ask.
Thank you for your attention to this matter.
Sincerely,
Rahul Patil
