Live-in partner cannot claim relief under Domestic Violence Act: Dimple Kapadia

MUMBAI: Rajesh Khanna’s wife Dimple Kapadia and her family today sought quashing of the proceedings against them initiated by the late actor’s alleged live-in partner, contending that a woman in such relationship cannot claim relief under the Domestic Violence Act.

Anita Advani, the alleged live-in partner of Khanna, had in 2013 filed a complaint before a magistrate under the DV Act against the yesteryear superstar’s estranged wife Kapadia, their daughters Rinkie and Twinkle and son-in-law Akshay Kumar.

Advani had claimed she was evicted from Khanna’s suburban bunglow after his death and sought monthly maintenance and a three-bed room flat in Bandra.

A magistrate’s court had then issued notices to them seeking their reply, following which they approached the high court seeking quashing of the proceedings against them.

“Even if it is accepted that the complainant (Advani) was in a live-in relation with Rajesh Khanna, she cannot claim any relief from Khanna’s estranged wife and family who have never shared a roof with her,” Dimple’s lawyer Shirish Gupte told the court of Justice M L Tahaliyani.

Mahesh Jethmalani, appearing for Kumar, cited a Supreme Court judgment to say that a woman who is in a live-in relation with a married man cannot invoke Domestic Violence Act to claim relief.

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.

Justice M L Tahaliyani will continue hearing arguments in the case on March 10.

Source: The Times of India

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