Roshni Wadhwa, estranged wife of an industrialist, won the case against her husband Kamal in the Bombay High Court recently and made sure that her six-year-old son got the property he was entitled to.
Roshni, 35, has been separated from Kamal, 36, since July 2002, after she gave birth to Aryan, 11 months after they got married. Aryan has been living with his mother and grandparents at their King’s Circle residence since then.
Kamal filed a divorce decree in March 2003 on grounds of cruelty against Roshni. Roshni then filed for permanent maintenance for herself and Aryan before the family court. The court ordered that Kamal should give Rs30,000 maintenance for the duo. This order was challenged up to the apex court who upheld the lower court order.
“Roshni had to fight for every single rupee of maintenance which was ordered by the court. So, it was decided that this suit should be filed to secure Aryan’s future,” said Vijay Dhingreja, Roshni’s lawyer.
Aryan filed a suit for partition under the Hindu Undivided Family property. In other words, the partition of his father’s family property through his “next friend”, his mother. A “next friend” is anyone who will act “in the interests” of the child.
The Wadhwa family contended that Roshni was trying “to extract monies by availing of and depleting the share of the minor”. They said that they are ready to “maintain” Aryan out of their property.
However, Roshni assured the court that if Aryan is offered 1/6th share, she is ready to set it aside and invest on behalf of Aryan till he attains majority.
Justice Roshan Dalvi accepted her contentions and held that there is no prima-facie evidence to show that she wants to extract money from her husband.
As declared by the Wadhwa family, their assets were valued at Rs2.4 crore. Aryan, as per the order, will receive over Rs40 lakh which has to be deposited in the court within two months.
