DV case: Order on plea by Khannas to quash proceedings reserved
Mumbai: The Bombay High Court today reserved its order on petitions filed by Rajesh Khanna’s wife Dimple Kapadia, her daughter Twinkle and son-in-law Akshay Kumar seeking to quash proceedings initiated against them by the late actor’s alleged live-in partner Anita Advani.
Advani had in 2013 filed a complaint before a magistrate under the provisions of the Domestic Violence Act against Dimple, her daughters Twinkle and Rinkie and son-in-law Akshay.
Advani had claimed she was evicted from Khanna’s suburban bungalow Aashirwad after his death and sought monthly maintenance and a three-bed room flat in Bandra.
The magistrate had then issued notices to them seeking their reply, following which they approached the high court seeking quashing of the proceedings against them.
The High Court had earlier this year discharged Rinkie from the case after observing that she was married and lived in Kolkata and hence offence under Domestic Violence Act cannot be made out against her.
Senior counsels Shirish Gupte and Mahesh Jethmalani, appearing for the family, argued that Advani cannot claim relief under the DV Act and maintenance as Dimple and her family were not living with Rajesh Khanna or Advani.
In her petition, Kapadia had contended that she was the legally-wedded wife of Khanna and as such no other woman could claim share in the wealth left behind by her husband.
Kapadia’s counsel Gupte had argued that a woman in a live-in relationship with a married man cannot claim relief under the DV Act. He argued that Khanna and Advani’s relation can be at the most described as “adulterous”.
Akshay’s counsel Jethmalani argued that Advani cannot come to court on sympathy. “Her (Advani) case at the most can be of wrongful dispossession but not under domestic violence. Assuming that she is right, she can file a civil suit and challenge the will,” he said.
Justice M L Tahaliyani, after hearing the arguments, said he will pass an order tomorrow.
Rajesh Khanna, the first Hindi film actor to gain superstardom in Indian films, died on July 18, 2012, after a brief illness.