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Dimple Kapadia moves HC in domestic violence case

Updated: December 1, 2012, 4:27 PM IST
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Dimple Kapadia moves HC in domestic violence case
Dimple Kapadia has moved the Bombay High Court for quashing a case of domestic violence filed against her.

Mumbai: Rajesh Khanna's wife Dimple Kapadia has moved the Bombay High Court for quashing a case of domestic violence filed against her and family by a woman claiming to have been in a live-in relationship with the late superstar.

Anita Advani, in her complaint against Ms Kapadia and others, has claimed she was driven out of Mr Khanna's Bandra bungalow 'Ashirwad' after his death and sought maintenance from the actor's estate.

In her petition, Ms Kapadia has contended that she was the legally wedded wife of Mr Khanna and as such no other woman can claim share in the wealth left behind by her husband.

Ms Kapadia has also challenged the notices issued to her and family members by a Bandra Magistrate on Ms Advani's complaint alleging domestic violence and seeking monthly maintenance from Mr Khanna's estate.

The Magistrate, Ms Kapadia argued, should not have entertained the complaint which has made 'baseless' charges.

She has contended that it was 'unreasonable' for the Magistrate to even suggest that she and her family go in for a compromise with the complainant in which case he would refer the matter for mediation.

The Magistrate while hearing Ms Advani's complaint, had earlier this week issued summonses to Ms Kapadia, her daughters Twinkle Kumar and Rinki Saran and actor son-in-law Akshay Kumar asking them to appear in person before the court to answer the allegations, which besides domestic violence includes forging Mr Khanna's will.

Along with Ms Kapadia, Akshay Kumar too has filed a petition in the High Court supporting her contention that Ms Advani had no right to claim any share from Mr Khanna's properties which is said to be to the tune of Rs 500 crore.

Mr Khanna's daughters Twinkle Kumar, wife of Akshay Kumar and Rinki Saran, are in the process of filing the petition in the High Court, sources said.

Ms Kapadia and Mr Kumar have sought a stay on the proceedings before the Bandra Magistrate till disposal of the matter by the High Court. The matter is likely to come up for hearing on December 3 before Justice KU Chandiwal.

Ms Advani had in her complaint sought monthly maintenance of Rs 10 lakh from the properties of Mr Khanna and entry into his bungalow where she claimed to have lived with him for several years as 'husband and wife' although they never married.

Ms Kapadia and Mr Kumar have said when Ms Advani had herself mentioned in the complaint that she had been evicted from 'Ashirwad' a number of times in the past, why did she not file a complaint of domestic violence then.

"The fact that she chose to move the court nearly three months after Mr Khanna's death shows that her only intention was to grab property," they have contended.

Both rejected Ms Advani's charge that they had taken the thumb impression of Mr Khanna on his will a few days before his death when the actor was seriously ill and not capable of understanding anything. Their petitions said the will had been duly probated.

The duo challenged Ms Advani's claim that she was in a 'domestic relationship' with Mr Khanna in a 'shared household'.

They referred to a letter written by Ms Advani to their family two days before Mr Khanna's death in which she had not written anything about such a relationship.

First Published: December 1, 2012, 4:27 PM IST
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