In a relief to Rajesh Khannaâ€™s wife Dimple Kapadia, daughter Twinkle Khanna and son-in-law Akshay Kumar, theÂ BombayÂ HighÂ CourtÂ on ThursdayÂ quashed a complaint ofÂ domestic violence lodged against them by the late actorâ€™s alleged live-in partner Anita Advani.
Justice M L Tahaliyani allowed petitions filed by Dimple, Twinkle and AkshayÂ seeking quashing of proceedings initiated against them by a lower court based on a complaint lodged by Advani.
Quashing the proceedings, Justice Tahaliyani observed that Advaniâ€™s relation with Khanna was not of the nature of marriage and hence, she cannotÂ seekÂ reliefÂ underÂ the provisions ofÂ DomesticÂ Violence Act.
The court further held thatÂ allÂ family members of Rajesh Khanna cannot be roped into the proceedings as Advani had never lived with them.
Soon after theÂ HighÂ Court passed the order, Advaniâ€™s lawyers sought a stay on it, but it was refused. Advani had in 2013 filed a complaint before a magistrateÂ underÂ the provisions ofÂ DomesticÂ Violence Act against Dimple, daughters Twinkle and Rinkie and Akshay.
Advani had claimed that she was evicted from Rajesh Khannaâ€™s suburban bungalow â€˜Aashirwadâ€™ after his death, and had sought monthlyÂ maintenanceÂ and a three-bedroom flat in Bandra.
The magistrate had then issued notices to them for their reply, following which they approached the HCÂ seekingÂ quashing of the proceedings against them.
TheÂ highÂ court had earlier this year discharged Rinkie from the case after observing that she was married and lived inÂ KolkataÂ and hence, offenceÂ underÂ theÂ Domestic Violence Act cannot be made out against her.
SeniorÂ counsels Shirish Gupte and Mahesh Jethmalani, appearing for the family, argued that Advani cannot claim reliefÂ underÂ the DV Act andÂ maintenanceÂ as Dimple and her family were not living with Khanna or Advani.
In her petition, Dimple had contended that she was the legally-wedded wife of Khanna and as such no other woman could claim share in theÂ wealthÂ left behind by her husband.
Dimpleâ€™s counsel Gupte had argued that a woman in a live-in relationship with a married man cannot claim reliefÂ underÂ the DV Act. He argued that Khanna and Advaniâ€™s relation can be at theÂ mostÂ described as â€œadulterousâ€.
Akshayâ€™s counsel Jethmalani argued that Advani cannot come to court on sympathy. â€œHer (Advani) case at theÂ mostÂ can be of wrongful dispossession but notÂ underdomesticÂ violence.
Assuming that she is right, she can file a civil suit and challenge the will,â€ he said.
Rajesh Khanna, the first Hindi film actor to gain super stardom inÂ IndianÂ films, died on July 18, 2012, after a brief illness.