In a major blow to tennis star Leander Paes, the Bandra Metropolitan Magistrate has dismissed his petition. Paes had filed a petition in the court saying that since he and his partner Rhea Pillai are not married, she cannot be a party to the custody petition on their daughter. Other contention of Paes was that since there was no marriage, the Bandra court did not have jurisdiction to hear their case.

The judge dismissed Paes's petition saying that since he and Rhea are the child's parents, there is no need for them to be legally married, for Rhea to be a party to this petition. The judge opined that under the provisions of the Domestic violence act, Rhea is an aggrieved party and is entitled to be a party in the case. The court further observed that both Paes and Rhea have undisputedly agreed they were having a relationship with each other, they lived together and are having a daughter out of the relationship who was born in 2006.

In a 11-page judgement, the court said, When we examined the provisions of the said act it is evident that the term "aggrieved" person" is applicable to any woman in respective of her age and status whether unmarried or not and relation in any nature with a male adultator more particularly respondent.

On Paes's contention that the magistrate court does not have jurisdiction to hear the case, the court said that it is clear from the act that this court being the court of metropolitan magistrate i.e magistrate. For this metropolitan area of Mumbai is having jurisdiction over the matter and competent to try the complaint made by the applicant before this court.

The court said that, according to the applicant (Rhea), respondent no 1 (Paes) was harassing her had caused mental torture to her. The court stated that, allegations made by the respondent (Paes) about her character are enough to show prima facie torture and harassment caused to her at the hands of the respondents (Paes and his father).

About Rhea's marriage with Sanjay Dutt, the court state that the respondent (Paes) had come up with a STORY, that their child was born even when Rhea was married to Sanjay Dutt. The court felt it was a STORY that Paes had come up with and not a reality.

The court also took serious note of the fact that the respondent (Paes), had, on sworn affidavit give to the US Embassy accepted that Rhea is his wife.

The court further stated that the respondent (Paes) himself admitted that they are having a daughter out of said relationship, for which he has filed a petition for guardianship before the honourable family court. This admission (by Paes) simply shows that they both lived together for a considerable period and they were known as husband and wife to people at large when they lived together.

This court is off (the opinion) that when for considerable span of time the parties resided together and having their child out of that relationship which shows that they lived together having relation, 'In nature of marriage.'

The court further said that the documents which filed on record are also whispers that they were representing themselves as husband and wife to various authorities also.

The affidavit submitted by the respondent (Paes) accepting that the applicant (Rhea) as his wife and his daughter and the petition for guardianship SPEAKS EVERYTHING and NOTHING MORE IS REQUIRED that they (Paes and Rhea) were or they are living together, in nature of marriage.