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Anita Advani, in her complaint against Kapadia and others, has claimed she was driven out of Khanna's Bandra bungalow 'Ashirwad' after his death and sought maintenance from the actor's estate.
In her petition, Kapadia has contended that she was the legally wedded wife of Khanna and as such no other woman can claim share in the wealth left behind by her husband.
Kapadia has also challenged the notices issued to her and family members by a Bandra Magistrate on Advani's complaint alleging domestic violence and seeking monthly maintenance from Khanna's estate.
The Magistrate, Dimple 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 Advani's complaint, had earlier this week issued summonses to 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 Khanna's will.
Along with Kapadia, Akshay Kumar too has filed a petition in the High Court supporting her contention that Advani had no right to claim any share from Khanna's properties which is said to be to the tune of Rs 500 crores.
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.
Kapadia and 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 K U Chandiwal.
Advani had in her complaint sought monthly maintenance of Rs 10 lakh from the properties of 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.
Kapadia and Kumar have said when 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 Khanna's death shows that her only intention was to grab property," they have contended.
Both rejected Advani's charge that they had taken the thumb impression of 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 Advani's claim that she was in a "domestic relationship" with Khanna in a "shared household".
They referred to a letter written by Advani to their family two days before Khanna's death in which she had not written anything about such a relationship. "Her letter said that Khanna had only pursued her to be his girlfriend," their petitions said.
