Was live-in Anita Kaka's wife? SC to examine

Published on:

08 Aug 2015, 12:00 am

Bollywood superstar of yesteryears Rajesh Khanna is long dead, but the Supreme Court (SC) on Friday set out to examine a plea by his live-in partner of nine years Anita Advani, to grant her the status of his wife. The proceeding in the case promises to be a star-studded affair as the apex court issued notices to Khanna’s estranged wife Bollywood actress Dimple, actor son-in-law Akshay Kumar and his daughter Twinkle who had obtained an order from the Bombay High Court setting aside Advani’s petition for recognition as Khanna’s wife.

While they are private parties against whom Advani has filed a case in a Mumbai court, the Bench headed by Chief Justice Hl Dattu also directed the Maharashtra Government to give its response.Advani, who was present in court, was elated. For her, this is the last hope to be recognised as the woman in the life of the deceased superstar.

Though not his legally wedded wife, Advani claimed that she performed all duties of a wife for nine years (2003-12) untill she was forcibly removed at the instance of Khanna’s estranged wife Dimple, daughter Twinkle and son-in-law Akshay Kumar.Advani’s fight for an identity started in November 2012 when she filed a case in a Mumbai court under the Protection of Women from Domestic Violence Act, 2005. This case was quashed by the Bombay High Court on

April 9, 2015 on a petition by the three persons who claimed to be legal heirs of Khanna.

However, if Advani had to get over this HC order and get a certificate from court that her relationship with Khanna was a relationship “within the nature of marriage” to claim benefit under the 2005 Act, what stood in the way was a 2010 decision of the apex court. In this judgement, the apex court defined the term “relationship within the nature of marriage” as stated in Section 2(f) of the Act to mean a “common law” marriage where both parties are qualified to enter into a legal marriage.

Advani’s lawyer, senior advocate CA Sundaram pointed out the flaw that the court had arrived at this definition using Wikipedia which was no authoritative basis and hence required fresh consideration. He told a Bench headed by Chief Justice Hl Dattu that Khanna had been estranged from his wife for over two decades. For all practical purposes, Khanna and his wife lived like a divorced couple. On the other hand, the nine years Advani and Khanna lived together were for all practical purposes as husband and wife. She was single and cared for Khanna all the time when his wife deserted him, Sundaram argued.

The case has raised important questions, and the SC will hold whether a woman who enters into a live-in-relationship with a legally-wedded man has anything to expect from the law or will she be left helpless, high and dry, as Advani now feels herself to be.