The Supreme Court of India on Friday issued notice to actress Dimple Kapadia on a petition by Anita Advani seeking restoration of her complaint of being subjected to domestic violence subsequent to the death of yesteryear's film star Rajesh Khanna. in the year 2012. A bench headed by Chief Justice H.L. Dattu issued notice on Advani's plea challenging a Bombay High Court order quashing her complaint of domestic violence against Kapadia and others.
Appearing for Advani, senior counsel C.A. Sundaram told the court that she was living with Rajesh Khanna for 25 years following his differences from Kapadia. In 2013, Advani had filed a complaint before a magistrate under the provisions of Domestic Violence Act against Dimple, daughters Twinkle and Rinkie and Akshay. Advani had claimed that she was evicted from Khanna's suburban bungalow 'Aashirwad' after his death.
The magistrate had then issued notices to them for their reply, following which they approached the Bombay HC 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 the Domestic Violence Act cannot be made out against her.
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 the wealth left behind by her husband. Dimple's counsel Shirish 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 Mahesh Jethmalani argued that Advani cannot come to court on sympathy. Her 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.