The Bombay high court on Wednesday reserved the order on petitions filed by late actor Rajesh Khanna's wife Dimple Kapadia, her daughter Twinkle and son-in-law Akshay Kumar seeking to quash proceedings initiated against them by Khanna's alleged live-in partner Anita Advani.
The Bombay high court on Wednesday reserved the order on petitions filed by late actor Rajesh Khanna's wife Dimple Kapadia, her daughter Twinkle and son-in-law Akshay Kumar seeking to quash proceedings initiated against them by Khanna's alleged live-in partner Anita Advani.
Justice ML Tahaliyani has said that he will pass an order on Thursday.
In 2013, Advani had filed a complaint before a magistrate under the provisions of the Domestic Violence Act against Khanna's estranged wife Dimple Kapadia, their daughters Rinkie and Twinkle and son-in-law Akshay Kumar.
Advani had claimed she was evicted from Khanna's bungalow Aashirwad after his death and sought monthly maintenance and a three bedroom flat in Bandra.
A magistrate's court had then issued notices to them seeking their reply. After that the magistrate initiated proceedings against them.
The high court, on March 19, had discharged Rinkie from the case after observing that she was married and lived in Kolkata and hence an offence under the DV Act cannot be made out against her.
Appearing for the family, senior counsels Shirish Gupte and Mahesh Jethmalani 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.
Advani's counsel, Mrinalini Deshmukh, argued that she (Advani) should be given monetary compensation by Kapadia and her daughter for looking after Rajesh Khanna.
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