Raymond: Separation Agreement: Raymond's Gautam Singhania and his wife Nawaz Modi seek legal advice on maintenance claims

Mumbai: Gautam Singhania, chairman and managing director of Raymond Group, and his estranged wife Nawaz Modi are apparently seeking legal advice on the maintenance they can claim as their marriage was solemnised under the Special Marriage Act in 1999 and not the Hindu Marriage Act. While Singhania is a Hindu, Nawaz is a Parsi. So their marriage was solemnised under the provisions of the Special Marriage Act, 1954. Vijaypat Singhania, Gautam's estranged father, is supporting Nawaz and reportedly said that she is entitled to half of her husband's assets under the Hindu Marriage Act, 1955.

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However, senior lawyers close to Gautam Singhania said that a marriage under the Special Marriage Act is not subject to the personal laws of the Hindu Marriage Act. “The Hindu Marriage Act is applicable to a person who is a Hindu,” said one of the lawyers quoted above.

“The maintenance claims of a wife under a Special Marriage Act are different from those that can be claimed under the Hindu Marriage Act,” said the lawyer advising Singhania. “Nawaz, being a Parsi, cannot claim maintenance under the Hindu Marriage Act.”

Singhania and Nawaz did not respond to ET's emailed queries on the issue.

The couple announced their separation earlier this month, with Nawaz, 53, demanding 75 percent of Singhania's alleged $1.4 billion fortune as part of the settlement for her two daughters, Niharika and Nisa, and for herself.

Singhania has reportedly proposed setting up a family trust to manage the wealth and assets, an arrangement that Nawaz finds unacceptable.

“No fixed formula”
“The amount of maintenance depends on the specific circumstances of the husband and wife,” says Anand Desai, managing partner at law firm DSK Legal. “This can even change if circumstances change. There is no fixed formula prescribed by law.” Mumbai-based Raymond Group, which includes JK Files and Engineering Ltd, was initially known for its textile business but ventured into real estate development in 2019.

Raymond had a promoter share of 49.11% as of September 30, held by members of the Singhania family, trusts and promoter companies. Within the promoter group, JK Investors (Bombay) Ltd was the largest shareholder with a share of 29.83%. Another promoter group company, JK Investo Trade (India) Ltd, owned 12.43%.

Ishika Tolani, a practising lawyer at a family court in Mumbai, also said that as a Parsi, Nawaz Modi was not entitled to maintenance under the Hindu Marriage Act, which applies only to people who practice Hinduism in any form.

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