The actress' lawyer says it would be wrong to take the term 'domestic violence' in its literal sense. Her kids are her primary concern
Sonil Dedhia and Mohar Basu (BOMBAY TIMES; February 28, 2016)

Karisma Kapoor's fresh unilateral petition against her estranged husband, Sunjay Kapur, has given the case a new twist. While the couple is currently fighting a divorce case and custody of their two kids, Samaira and Kiaan, the actress approached the Khar police on Friday and filed a complaint of mental harassment against her husband Sunjay and mother-in-law Rani Kapur. She recorded her statement and registered an FIR under the Dowry Section -498 (A): husband or relative of husband of a woman subjecting her to cruelty - and Section 34 (common intention) of the Indian Penal Code.

Later, she also filed a fresh case of domestic violence with the metropolitan magistrate in Bandra Family Court. Her lawyer Sanjog Parab says, “This is a unilateral case that comes under Section 19 in The Protection of Women from Domestic Violence Act, 2005. This case is completely separate from the ongoing divorce case.“ He adds, “It would be wrong to take the term 'domestic violence' in its literal sense. In this case, the kids are the primary concern. She wants to protect her children, so she has taken this step.“ According to this petition, the kids cannot be taken outside the jurisdiction of Mumbai, till the next hearing, which will take place on March 17.

Another point that needs to be noted is that the actress hasn't asked for money for herself. “We have put in a demand of `10 lakh a month for the children and not for Karisma's personal use. In fact, for one-and-a-half-years, Sunjay was paying some amount for the kids which he suddenly stopped,“ the lawyer says.

Though his legal counsel refused to comment, a source close to the business tycoon told us that they were expecting the fresh petition. “The divorce by mutual petition fell through because the couple wasn't agreeing on the terms of the welfare trust that Sunjay was setting up for his kids. Though Karisma hasn't demanded alimony or maintenance for herself yet, her demand for Rs 10 lakh equates to the same. Sunjay has stopped meting out monthly monetary compensation to Karisma for a while, and in the last few months, she has been supporting the kids herself.“

One of the other ad-interim reliefs sought by the actress in the petition is that she should not be asked to vacate the apartment in Khar. A source close to Sunjay adds, “In the months to fol low, the possible points the couple will battle over are primarily the lush Khar flat that was previously used by them. The flat is in the name of Sunjay's father Dr Surinder Kapur. Karisma might want to keep the flat for herself and the children, which could trigger fresh arguments. Since Karisma has spoken about 'character assassination' in her petition and also claimed that Sunjay is 'residing with another woman and her child', she, too, would be made answerable about her rumoured relationship with a busi nessman. Her case for custody is stronger since she is a woman and is presumed to take care of her children better. But Sunjay's side states that she doesn't allow him to meet the kids. The parties will agree on some kind of arrangement to get equal time with the children. Since the matter is subjudice, that's all we can divulge for now.“

Earlier this month, Karisma opposed her husband's application for the interim custody of their kids. The argument over custody will be heard on March 3, when the actress is also expected to file her reply to Sunjay's fresh divorce petition.