Advocate Brajesh Kumar

Questions Answered by Advocate Brajesh Kumar

Q: What happens if police caught me with my girlfriend in hotel ?

Sir, I had stayed with my girlfriend on night in a hotel and police caught us, but we are not in doing sex on that time. we are above 30yrs age. police harassed me and slapped. it is bcz he found that i had record a video of sex. he noted only my all details & told to leave room. we left room ,he took sd card but donot called me to come police station. can they registered any case against me bcz of memory card. he also took our xerox copy of ids ,is it illegal to have sex in a hotel?, we r from outside the city.so please tell me bcz i donot want to face this situation bcz of parents

Advocate Brajesh Kumar answered
You will have to personally come and explain the facts then only I can advice you properly. As per your facts both are adult and unless one is married it is no crime to share a hotel room. However recording any video against anyone's will is violation of his/her privacy rights.

Q: Can a loan guarantor sue the debtor for non-payment?

Hello, I want to understand if a loan guarantor can sue the debtor when the debtor fails to repay the loan. Additionally, the debtor hasn't signed any repayment contract with the guarantor. In this scenario, the guarantor has pledged their property as collateral, which the bank has put up for auction. I'm curious to know if the guarantor can pursue legal action against the debtor and their property. Also, could the debtor face jail time for failing to repay the debt?

Advocate Brajesh Kumar answered
Yes you can intiate the recovery proceedings against the original debtor once you pay the loan amount to the bank and obtain all the original document related to loan. However debtor can not be given jail term as it is civil matter.

Q: Exclusion of Covid Period from 3 years of limitation period

Would the period of March 15, 2020 to February 28, 2022 be excluded from the limitation period of 3 years for debt recovery in line with Order dated January 10, 2022 passed by the Hon'ble Supreme Court ?

Advocate Brajesh Kumar answered
yes that period is excluded for calculation for limitation period as per direction of the apex court but how much benifit you will get can be said only after seeing the documents before that any suggestion will be vague and not fulfill your requirements.

Q: HOW CAN I SURRENDER THE BAIL,AS THE ACCUSED IS NO MORE

I have given a bail for one of my friend in 2017 for two different cases but chargesheet is still pending in one caseOne of case is on trial and another one is not on trial yetnAnd my friend got expired on 30th July 2022.i wants to surrender bail.how can I surrender the bail.

Advocate Brajesh Kumar answered
you can move an application for the same in the court where the matter is pending subject to the condition that court must be aware of his death and case has been abated with respect to him and also no conviction of fine is pending or due from him.

Q: My husband is trying to move out of india, leaving me with my parents

My husband is trying to leave the country and leaving me to live with my parents without my will. What are my rights for maintenance? Can i stop him legally from moving out?

Advocate Brajesh Kumar answered
no you can't legally stop him from moving out which must be related to his job but certainly you can reside in his property and he can't force you to vacate his property. further you can also claim maintenance from him if he willfully not providing you any maintenance amount.