Press Trust of India Posted online: Wednesday, August 24, 2005 at 1636 hours IST Updated: Thursday, August 25, 2005 at 0434 hours IST
New Delhi, August 24: Bollywood actress Karishma Kapoor's husband Sanjay Kapur today moved an application before the Delhi High Court seeking to implead their five- month-old daughter Samaira as a co-petitioner and appoint him as next friend of the minor for court proceedings.
In his application filed through counsel Manisha Singhal, Sanjay said he was the natural guardian of Samaira and as such he was responsible for and entitled to take all decisions relating to the minor in her interest.
Sanjay, who has filed a writ petition seeking to restrain Karishma from going abroad along with Samaira and cancellation of the minor's passport issued by Regional Passport Office (RPO), Mumbai, submitted that it would be in the interest of justice to add Samaira as a co-petitioner/co-applicant in these proceedings and appoint him as her next friend.
Sanjay's application was likely to be taken up on August 26 when his writ petition would come up for hearing.
Interestingly, it was Karishma whose counsel had on the last date wondered how the petitioner was seeking cancellation of Samaira's passport without impleading her as a party to the case.
Contending that "custody of the child does not ipso facto amount to guardianship", Sanjay said while Karishma may be in the actual physical custody of the child by unilaterally keeping the minor away from her rightful home, "she (Karishma) is not the sole guardian of our daughter."
Claiming to be the natural guardian of Samaira, Sanjay said only he could defend the best interest of the child.
Sanjay also submitted a certificate from a Delhi-based paediatrician who advised against the five-month-old baby's travel to US as it would expose the baby to unnecessary hazards of infection as result of the travel in a confined aircraft cabin for at least 24 hours each way.
It could also result into possible barotrauma to the ears from air travel, jet lag and interruption of routine, the certificate issued by the doctor said.
In her affidavit in response to Sanjay's petition, Karishma had on August 20 said that she was deserted by her ‘disgruntled’ husband Sanjay Kapur who dragged her to court in a ‘crude attempt’ to seek redress of their matrimonial issues by using their five-month-old daughter Samaira as a ‘pawn’.
The actress said Sanjay constructively deserted her and that he was aware why she was "compelled to reside in Mumbai".
Seeking dismissal of Sanjay's petition on the ground of lack of jurisdiction as the passport was issued by RPO, Mumbai, Karishma submitted that the contours of the petition left no doubt that it was nothing but a ‘crude attempt’ to urge and seek redress of matrimonial issues of a disgruntled husband and Karishma by using the minor as a pawn.
Karishma alleged, "barring a few occasional visits to meet their daughter, the petitioner has played no part in the upbringing and welfare of the minor child even today.
"Particularly, the petitioner (Sanjay) has made no financial contribution to the upkeep of the child and the pre-natal, delivery and post-natal care of the mother," she submitted in her affidavit filed through Karanjawala and Co.
Sanjay was supposed to file his rejoinder to Karishma's affidavit today.
New Delhi, August 24: Bollywood actress Karishma Kapoor's husband Sanjay Kapur today moved an application before the Delhi High Court seeking to implead their five- month-old daughter Samaira as a co-petitioner and appoint him as next friend of the minor for court proceedings.
