The judgment established the requirement for a relationship in the nature of marriage under the Protection of Women from Domestic Violence Act, 2005, and clarified the liability of relatives under the Act.

1. Heard learned Senior counsel for Petitioners and Smt. Mrunalini Deshmukh for Respondent No.1 and learned APP Shri V.B.K. Deshmukh for Respondent No.2State.

2. The Petitioners in all the petitions have moved this Court for quashing the proceedings pending against them in the Court of Metropolitan Magistrate, 9th Court, Bandra, Mumbai, bearing C.C. No. 25/DV/2012 filed by Respondent No.1 under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act')

3. Petitioner No.1 – Mrs. Dimple Jatin Khanna @ Dimple Rajesh Khanna and Petitioner No.2 Mrs. Twinkle Rajiv Bhatia in writ petition No.4196 of 2012 are widow and daughter respectively of the deceased Rajesh Khanna (hereinafter referred to as 'Petitioner Nos. 1 and 2'). The Petitioner in writ petition No.4197 of 2012 (hereinafter referred to as 'Petitioner No.3') is the husband of Petitioner No.2 in writ petition No.4196 of 2012. In this regard it may be mentioned here that there was third similar petition also filed by Mrs. Rinke Samir Saran @ Rinke Jatin Khanna bearing petition No.4228 of 2012. She is also daughter of the deceased Rajesh Khanna. However, during the course of hearing of petitions a statement was made on behalf of Respondent No.1 that she does not press for any relief against the Petitioner in petition No.4228 of 2012. Said petition was therefore, disposed of accordingly. As such, only two petitions are pending for disposal.

4. Late Shri Rajesh Khanna was staying in his bunglow known as “Aashirwad”, situated at Cartar Road, Bandra, Mumbai. It is admitted position that Petitioner No.1 was not staying with the deceased since few years before the date of death of the deceased Rajesh Khanna, who died on 18-7-2012.

It is further admitted position that Petitioner Nos.2 and 3 are daughter and son-in-law, respectively of Petitioner No.1 and the deceased Rajesh Khanna. 5. The Respondent No.1 Anita Advani has filed a complaint in the Court of Metropolitan Magistrate, 9th Court, Bandra, claiming that she had lived together with the deceased Rajesh Khanna in a shared household and she was in relationship with him in the nature of marriage. It is stated by her that she stayed with the deceased till 22-6-2012 when she was dishoused from the 'Aashirwad' bungalow. It is stated by her in her complaint that she had stayed with the deceased as his wife and had taken care of his all the needs in good and bad times. According to her she did not leave the company of the deceased even when his health was deteriorating and he was sinking. It is alleged by her that the Petitioners reached the bungalow only when they realised that the deceased was not likely to live for more than a few days. It is further alleged that Petitioners have reached 'Aashirwad' bungalow only with a view to dishouse the Respondent No.1 and to grab the property belonging to the deceased Rajesh Khanna. She has therefore, claimed reliefs under sections 18, 19 and 20 of the Act. Her prayer clause in the complaint can be reproduced as under:

“(a) This Hon'ble Court may be pleased to pass a Permanent Perpetual protection order in favour of Complainant/Applicant restraining and prohibiting the respondent from (i) committing any further act of domestic violence upon the complainant;

(ii) aiding or abetting in the commission of acts of domestic violence upon the complainant ;

(iii) Threatening the Complainant in any form, whatsoever,

(iv) Obstructing the complainant from having free ingress and egress into the residence at Aashirwad Bungalow, Carter Road, Bandra (West), Mumbai 400 050 and residing therein;

(v) Restrain the Respondents from alienating any assets, operating bank lockers or bank accounts used or held by Mr. Rajesh Khanna without the leave of this Hon'ble Court;

(vi) Causing violence to the dependents, other relatives or any person who give the complainant assistance from domestic violence;

(b) This Hon'ble Court may be pleased to pass a permanent perpetual