The Supreme Court on Friday issued notice to actress Dimple Kapadia on a petition filed by Anita Advani who sought restoration of her complaint of domestic violence against her subsequent to the death of former Bollywood superstar Rajesh Khanna.
An apex court bench headed by Chief Justice H.L. Dattu issued notice on Advani's plea challenging a Bombay High Court order of April 9, 2015, quashing her complaint of domestic violence against Dimple Kapadia, her daughter Twinkle and son-in-law Akshay Kumar.
Appearing for Advani, senior counsel C.A. Sundaram told the court that his client lived with Rajesh Khanna for 25 years following his estrangement from his wife Kapadia.
The case is rooted in the eviction of Anita Advani from Rajesh Khanna's Carter Road bungalow 'Aashirwad' after his death. Advani, who claimed to be the live-in partner of the former superstar, had sought monthly maintenance and a three-bedroom flat in Bandra.
As Sundaram questioned the high court order quashing Anita Advani's complaint against Dimple, Twinkle and Akshay Kumar under the Domestic Violence Act, the apex court asked how could a married woman have a live-in relationship with another man.
The court was told that Anita Advani was not married and had a live-in relationship in the nature of marriage.
The Bombay High Court had on April 9, 2015, quashed the complaint of domestic violence filed by Advani in 2013 against Dimple, Twinkle, Rinkie and son-in-law Akshay Kumar.
Initially, the high court discharged Dimple and Rajesh Khanna's daughter Rinkie from the case, saying she was married and staying in Kolkata and thus the offence under the Domestic Violence Act could not be made out against her.
The Kapadias and Akshay Kumar had moved the high court after a lower court in 2013 initiated proceedings against them and issued notice to the four on the complaint by Advani.
