Pakistani singer Adnan Sami failed to get relief from the Bombay High Court in the domestic violence complaint filed against him by his estranged wife Sabah Galadari.
A division bench of justices BH Marlapalle and UD Salvi on Monday dismissed the appeal filed by Sami against the decision of the family court to entertain the complaint filed by Sabah under the Domestic Violence (DV) Act.
The high court said the family court had jurisdiction to entertain complaints under the DV Act. The court also observed that the family court had granted interim relief and their main divorce petition was still to be heard. Sabah had first approached the metropolitan magistrate at Andheri (railways court) and filed a complaint under the DV Act alleging that Sami had driven her away from the matrimonial house.
After Sabah moved family court for divorce, she withdrew the DV complaint from the magistrates court. “We withdrew the complaint with liberty to file the same before the family court as the divorce petition was pending there,” said Edith Dey, Sabah’s lawyer. The family court had restrained Adnan’s relatives, including his mother and son Azan. However, Adnan was later allowed access.
Sabah, through her counsels Mahesh Jethmalani and Mrinalini Deshmukh and Dey, had challenged the order. At the same time, Adnan challenged the order saying that family court could not entertain complaint under the DV Act as it was first filed before the magistrates court.