Advocate Dikshant Khanna

Questions Answered by Advocate Dikshant Khanna

Q: What action can be taken for false rape case

Last year,I have been framed for a false case of rape in Delhi by my girlfriend with whom I was I live-in relationship for 1 year approx. Her lawyer looted money from us by extending threats to us. I have all the audio recordings and material evidences like photographs, call details of pandit with whom I talked for marriage but she refused to get married. Besides this, I have audio recordings of her advocate in which he is demanding money from me and talking about her 164 crpc statement which she would be giving after I pay them the sum. I got bail from Delhi HC in one attempt. Almost 1 year, police is still investigating the case. It seems everyone is hand in gloves with each other. Please advice what should I do.

Advocate Dikshant Khanna answered
You may file a detailed complaint against the said advocate before Bar Council along with the said audio recordings and also lodged complaint before concern police regarding extortion and demanding money from you.

Q: Girlfriend threatening to file cheating case after physical relation

Girlfriend is threatening to file cheating case in consensual sexual relations. No marriage promise was given to her and physical relations were consensual.

Advocate Dikshant Khanna answered
In this circumstance, police will lodge the FIR under Section 376 IPC against you and after that, you have to apply for anticipatory bail before concerned court. You also have to face the trial after filing of charge sheet. Even if the allegations are taken as it is, the acknowledged consensual physical relationship between the parties would not constitute an offence under section 376. Now, the courts are lenient and easily grant bail in the matter, where couples are making sexual relationship with consent.

Q: Allegations against husband & sister in law as in extra marital affair

Hi  Im writing ths for my brthr.am working in dubai in my company i got one visa n i took my sisterinlaw to my office.after few months i noticed that she s in a relationship with IT guy who s coming to our offc.i told her its not gud after few months my brthr also warned her.after so many issues came now she s in india now she s telling i beat her did not gave food.they are trying to put all falls in me n file case on her husband .. please advise

Advocate Dikshant Khanna answered
You may try to procure the photographs, chats, etc of an illicit relationship between a sister-in-law and IT guy, which can help you at the time of trial. On this sole ground, your brother also seeks a divorce from your sister-in-law.

Q: How can a wife claim a share in husband's property?

Hindu what is the share of wife in property of husband. Also, if some property is registered in the name of wife, is she sole owner and can sell the property independently? how to claim share of property?

Advocate Dikshant Khanna answered
In accordance with law, a wife can claim her share in the husband property, which is self-acquired or ancestral property. Even otherwise also, her right is property under Section 19 of THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005.You can't claim a share in the wife's property and she can sell her property independently. Kindly see Section 14 of the Hindu Succession Act.

Q: Can execution petition on gifted property be challenged

Hi Experts, My father took 10 lakhs rupees from a guy. We were paying interest. Suddenly he pressurized my father to pay the entire amount. Last year, the guy filed a OS case and it was decreed and He filed a EP to recover the amount against to my father Home property. The property was gifted to my father from his elder brother. Currently the property is in bank (mortgage loan) and am paying the interest, EMI every month to the bank. Now my queries are below. 1) Is it the bank allow for auction as it’s a bank property(mortgage loan) ? 2) Is there any possibility to stop EP as it’s a gifted property ? 3) Any other ways to secure the property ? Please help me. I need your guidance to secure my property. Regards,

Advocate Dikshant Khanna answered
You may file an application for seeking the extension of time for payment on the ground that you have already taken a loan on the said property and the same has been mortgage before bank and requesting the Hon'ble Court that you are ready undertaking in the form of an affidavit before executing court that you will pay the said amount within the stipulated period.