Blow for Anita Advani as HC stays case against dimple

Published: 04 December, 2012 07:27 IST | Samarth Moray |

Rajesh Khanna's live-in partner had lodged a complaint at the Bandra Metropolitan Magistrate court against Dimple and her daughters, Twinkle and Rinke, and son-in-law Akshay Kumar under the Domestic Violence Act

Late superstar Rajesh Khanna’s live-in partner Anita Advani suffered a major setback yesterday, with the Bombay High Court staying proceedings in the case she had filed against late superstar Rajesh Khanna’s wife Dimple Kapadia, his daughters Twinkle and Rinke Khanna and son-in-law Akshay Kumar.

Dimple Kapadia
In dispute: Dimple Kapadia 

Last week, the family had approached the Bombay High Court pleading that Advani’s case against them before the Metropolitan Magistrate in Bandra be quashed.

Anita Advani
Anita Advani

MiD DAY had reported on Advani’s complaint against late Khanna and his family under the Domestic Violence Act, which alleged that Dimple and her children had forged a will and tried to evict her from Aashirwad, Khanna’s palatial mansion in Bandra (‘Rajesh Khanna's dubious past resurfaces’, November 25). Advani, who claims to have been Khanna’s live-in partner, had also alleged that the superstar had kissed and sexually abused her when she was a 13-year-old.

Advani married too?
Arguing the case on behalf of Dimple and her kin, senior advocate Shirish Gupte said that there were clear Supreme Court rulings that stated that after the death of the person with whom the household is shared, the woman no longer has a right to maintenance under the Domestic Violence Act. “The deceased was already married and it appears the complainant was also married,” Gupte told the court.

He added that the apex court had clarified that the liability could not be passed on to the current respondents in the case — Akshay, Twinkle, Rinke and Dimple. Gupte also pointed out that Advani had moved court only after the superstar’s death. The petitions filed by both Dimple Kapadia and Akshay Kumar had challenged Advani’s case before the Magistrate’s court, rejecting that she had any right to claim maintenance, days after Advani informed the lower court that she was willing to settle the dispute out of court.

At the time of his death, Dimple was still married to Khanna. Justice KU Chandiwal of the Bombay High Court has now issued a notice to Advani to appear for a hearing in the matter on December 17.

Advani’s claim
In her complaint, Advani had sought a permanent perpetual protection order under the Domestic Violence Act. She had contended that she was in a ‘domestic relationship’ with Khanna in a ‘shared household’. She had also sought police protection from Rinke, Twinkle, Akshay and Dimple, and sought free ingress and egress to Khanna’s bungalow.

She urged the lower court to prevent Dimple and her children from selling any of Khanna’s properties without the court’s permission. Advani also wanted to use Aashirwad as her ‘permanent residence’ and convert it into a museum, in accordance with what she claimed were Kaka’s wishes.

Advani claimed that the assets left behind by Khanna amount to around Rs 500 crore — while Aashirwad alone is worth Rs 200 crore, he owned several other flats and office spaces, jewellery and shares.

Advani has demanded monthly maintenance worth Rs 10 lakh to help her maintain the lifestyle she was used to while living with Khanna, which she claimed she was entitled to under the Domestic Violence Act.

‘Kaka was conscious when thumb impression taken’
Advocate Javed Hashmi, one of the persons present in the room when Rajesh Khanna’s will was executed, has lashed out at Advani, claiming that her allegations that the will was forged is a complete lie. He said, “The will was executed on June 19 and certified at Khanna’s home in the presence of two doctors. One of his doctors, who is also a friend, certified that Khanna was mentally healthy and conscious while executing the will. The will was entered into the register the next day.”

Hashmi has also clarified that as per procedure, the sub-registrar of assurances was present during the execution of the will, having been called to the residence because of Khanna’s ill health. He also stated that Khanna’s thumb impression was taken on the will as part of the registration process. In her complaint, Advani has alleged the thumb impression was obtained when Khanna was out of his senses.

Hashmi pointed out that Khanna had made a public appearance outside his bungalow and waved to his fans and the media on June 22, proving he was hale and hearty at the time the will was executed. 

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