Advocate Kunal Khanna

Questions Answered by Advocate Kunal Khanna

Q: My boyfriend cheated me after harassed me mentally and physically

My boyfriend name is amit Singh he was proposed me last year January month then he was put the sindoor on Feb month then he ask me for physical relation but I deny then he was ignoring me then month of June i totally addicted for him but he tell me for breakup because of I deny for sex then i was do it and he said that time he will marry me but after 2 month his mother said to me for invite his engagement to another girl he said he can't marry with me I was go in a depression since till now and also take a treatment from aiims and he was tell to anyone that this is a one sided love not to him side

Advocate Kunal Khanna answered
You can file case of 376 against the boy.Firstly gave a written complaint in Police Station against the boy alongwith all the related photos, documents of your marriage and after investigation if police deems it fit to file FIR then they will do so and arrest the boy under the offence.You are also advised to go to court for giving evidence against the boy when ever summon from court is issued to you

Q: Querry Under Probation Of Offenders Act

I am the sole bread earner of my family age 23 . I have father age 64 and mother age 55+ , and we are not so rich family. (Middle class). Will I get the benefit of P. O ACT under sections 279,337,338. Only one person has injuries. Might underwent orif sirgery. I took him to the hospital myself also mentioned in Fir. Please do write. E. Thansk

Advocate Kunal Khanna answered
The P O Act will be applicable in your case and you can move an application before the court where the case is pending once the court held you guilty for the offence and you will have to mention the reasons for getting the benefit of the said Act.The court has discretionary power either to allow the application or to dismiss it after considering the facts and circumstances of the case.

Q: Eviction Case Filed On Tenant Running In Trial Court Got Compromised

Sir, I need solution from you all experts i have filed eviction Case against my tenant the case ran for 3yrs & finally got compromised in National Lok adalat on FEB 8TH 2020 as per terms of tenant that tenant will leave within 3months From the Date of decree (Lok adalat compromised decree on FEBUARY 8TH 2020) which gets end on June 2nd agreeing to pay rent arrears by month by month but not yet received also got certified copy of court judgements I have few questions please answer all the questions 1 since the tenant affix his signature stating he will clear rent arrears & rent for present stay has not paid how can I get all these amount 2 since nation is under carona crisis & lock down if situation continues till June can the tenant give this reason & say unable to vacate & ask for more time 3 so if he buys more time where he has to put petition as already trial court has passed decree according to compromise petition also no appeal for Lok adalat or he has to go without fail

Advocate Kunal Khanna answered
Q.1- You can file execution after getting the certified copies of lok adalat order as well as the final order of the concerned court where the matter was pending. You can ask for rent arrears and others as decided in the Lok Adalat's order.Q.2- Yes, it is a crucial time as the whole country is facing the situation of lockdown and it is obvious that your tenant would also affected from the same, and being a human you can give him some more time to vacate your property, only if you wants to. But he can also file an application before the court and ask for some extra time to vacate your property and the chances are very high that court may allow his application.

Q: Regarding OLA's driver misbehaviour and pending bill payment

I took a OLA outstation ride in December and driver demanded additional money after ride. On denial of the same, he made lewd comments about my family, tried to beat me up on the road, created nuisance in my society, and used abusive language. I had paid INR 2594 of the same ride, but INR 500 is due as I had postpaid credit from OLA.On grounds of defamation, harassment & physical violence I haven't paid that yet. But I am getting calls and messages from OLA for legal action against me. However I think I should take legal action against them for being abused physically & mentally in front of my society by their driver. Now, I am being harassed by their calls and messages

Advocate Kunal Khanna answered
Firstly registered a complaint against the driver of the ride regarding the said incident with OLA and ask them to take appropriate action against the driver as per the policy. In case, the company refused to do so then you have other remedies as well you can avail them during the due course.You are also bound to pay the amount as decided on the date of ride.

Q: MENTALLY TORTURE,NO FINANCIAL SUPPORT AND DOMESTIC VIOLENCE

Meri shaadi ko 1.5 yr ho gya hai,,mere husband or unki family mujhe day one se financial support nhi krte..mere husband ka koi attachment nhi hai mujhse.,kbhi kbhi toh unhone mjhe drink kr k maarw bhi hai or daily drink krke abuse krte hai mjhe or mentally torture krte h,,or ab mai pregnant bhi hogyi hu toh hospital ka bhi sara kharcha mjhe hi krna pdta h..or wo ab apne ghrwalo ko kahta h agar wo mere Ghar wapas aayi toh mai marr jauga..,or uske papa ne usko apni property se bedhakal kiya hua hai taaki mai koi demand hi naa kr paau...Ab btao mai kya kru

Advocate Kunal Khanna answered
Apke pass bhut sari legal remedies hai, jinko aap avail ke skti hai.Sbse pehle to aap apne pati se kharcha le skti hai uske liye apko case file krna hoga 125 CrPC ka.Aap apne pati pr Domestic violence ka case bhi kr skti hai, jo ek criminal case hota hai.Aap ek written complaint bhi de skti hai Mahila Cell mai apne Police Station k, jaha pr aap dono ko bulaya jaega aur fir FIR hogi apke pati k against agr wo apko apne sath rkhne se mna krta hai ya fir kharcha dene se mna krta hai