Mumbai, July 21: The fight for Rajesh Khanna's legacy began even before his death. On Tuesday, a day before the superstar passed away, his family was handed a shocker — a woman in her 50s sent a legal notice to the actor claiming that she was his live-in partner and sought compensation, a house to stay and a monthly maintenance. Anita Advani, in her notice to Khanna, claimed that she had been restrained from entering the actor's Carter Road bungalow Aashirwad since June this year.
Noted advocate Mridula Kadam, who is representing Anita, confirmed that a legal notice had been sent to Khanna on July 16, which was received at Aashirwad the following day. While Akshay Kumar and the Khanna family were unavailable for comment, Ashwin Thakkar, who was the late actor's business manager, refuted Anita's claims. "The claims that she was living with Khanna are false. There were many people who used to meet him at his house. She was one of them, but certainly not what she claims today."
Sources from the industry said that they had seen Anita at Rajesh Khanna's residence and that she used to accompany the actor to people's offices. She would visit Khanna when he was in the hospital, sources said, but was prevented from boarding the truck that was carrying his mortal remains on the day of the funeral.
Anita told TOI: "I am not interested in Aashirwad. I just want it to be converted into a museum as that was Rajesh Khanna's dream. I want to ask them (his family) where were they when he needed them. I looked after him all these years. I lived in that house, took care of him and all his needs. The reason I am asking for compensation is because they stripped me of everything. My man is gone and I am left with nothing."
In her notice, Anita claims she was 13 years old when she met Khanna at his residence for the first time. Over the years they used to bump into each other at parties till the relationship got serious over a decade ago. The notice claims that Khanna told Anita he was in love with her and promised to take care of her. They had been living together for the last 10 years, claims the notice till she was restrained by Khanna from entering the house in June 2012. The notice further claims she was not given an opportunity to even take her belongings and all her possessions are lying in Aashirwad.
"She is a single lady who devoted the last 10 years to take care of Khanna and discharged all the duties of a wife," legal sources said. "She was under the impression that he was single. Khanna promised to take care of her and now she has been left with nowhere to go to."
Not much is known about Anita, except reports that she was a resident of Bandra and runs a business. There were unverified reports that she was the niece of former Philippines President Ferdinand Emmanuel Marcos.
The notice does not mention the Domestic Violence Act (DVA), but legal sources add that a live-in partner is mentioned for the first time under Indian laws in that piece of legislation which was enacted in 2005. Though no physical violence is alleged, the notice hints at mental trauma at being evicted from the house.
Legal experts say Anita will have to prove her claims. "The DVA is a radical piece of legislation that for the first time mentions a live-in partner. Till then no woman had any right to claim maintenance unless she was married to the man. If a woman claims that she was a live-in partner she will have to prove that she lived in the shared household," said lawyer R T Lalwani, who deals in family court matters.
With Khanna's death it would have to be seen if action is maintainable against his relatives, though the DVA proceedings can be initiated by a woman against other relatives too. "The law is evolving and the courts are trying to fine-tune it," said Lalwani.
In 2010 the apex court had ruled that a female live-in partner can claim maintenance only if the relationship meets certain conditions and does not amount just to a one-night stand or a few weekends together. The conditions rule out maintenance if either live-in partner was married to someone else at the time of the relationship. The conditions are that the couple should have presented themselves before society as akin to man and wife; they should have lived together under one roof and in a "shared household" for a significant period; they must have attained the legal age to marry; and they must have been eligible to marry. A petition for maintenance by a live-in partner is pending before a larger bench of the Supreme Court
Khanna was still married to Dimple Kapadia and this could make things difficult for Anita. However, sources close to Anita insist that she was under the impression that he was single.
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