The Bombay High Court on Monday sought an undertaking from actor Randhir Kapoor and his sister Rima Jain that they would make 'reasonable efforts' to locate and submit the divorce decree of their late brother Rajiv Kapoor, reported PTI.
The testamentary petition was heard by Justice Gautam Patel - filed by the siblings for letters of administration to the property and credits of Rajiv who died intestate on February 9, 2021.
According to the reports, the petition said Rajiv married Aarti Sabharwal in 2001 and they divorced in 2003.
Randhir and Jain’s counsel Sharan Jagtiani informed the judge that the high court's Registry Department has asked them to submit a certified copy of the divorce decree before the court proceeds with the testamentary petition.
However, Jagtiani added that the siblings did not know Mumbai or Delhi family court had passed the divorce decree. Sharan Jagtiani maintained that Randhir and Jain are the only heirs to Rajiv's estates and sought dispensation to submit the divorce decree, reported PTI.
“The sister and brother are the only heirs to his estate. We don’t have access to the decree of the divorce. We tried to look for it but were not able to locate it. We seek dispensation,” said Jagtiani.
Justice Patel, in his order, said in Rima’s additional affidavit of April 21 there is a reaffirmation of the fact of this divorce. “It notes that there is some material in the public domain that makes a mention of the divorce.”
Justice Patel said he is prepared to dispense with the requisition from the registry “but upon the petitioners giving a sworn undertaking that they will make reasonable efforts to locate the decree of divorce and, if found, will tender a certified copy to the registry.”
“However, this does not mean the hearing of the testamentary petition which is uncontested and lists only the petitioners as next of kind should be stopped or the grant withheld only for this reason,” the high court said.