Partial relief for Rhea Pillai in domestic violence case

Source: timesofindia

MUMBAI:The Bombay high court on Tuesday admitted a petition filed by Rhea Pillai but granted no stay against a sessions court order. Last November, the sessions court had directed a magistrate to first decide on a preliminary issue of maintainability of her 2014 domestic violence complaint against estranged partner Leander Paes.

In June, HC had asked Pillai , 50, and Paes, 40, to work out an amicable settlement over their dispute over custody of their minor daughter and other issues. “Ultimately both of you have to sit across and come up with some kind of solution amicably,” Justice Mohite Dere had said then. But, it failed.

On Tuesday, Justice A M Badar heard lawyers on both sides, Aabad Ponda and Ishwar Nankani for Paes and Rumi Mirza for Pillai, “at great length of time” before admitting her challenge to the November 2015 order

The sessions court had directed a Bandra magistrate to frame preliminary issues of maintainability, and allow both sides to give evidence on it. But HC declined to grant a stay on the sessions order, as sought by Pillai.

She alleged harassment, which Paes denied. He challenged her application under the Domestic Violence Act saying that it was not a “live-in” relationship in the nature of marriage and thus not covered by the DV Act.