Advocate Brajesh Kumar

Questions Answered by Advocate Brajesh Kumar

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.

Q: Should I file section 9 or what else can I do

My wife sent me a notice stating that the she don’t want to live with me and want a settlement by giving her 18 lakhs nd if I don’t fulfil her demand thn she will file dv crpc etc but I don’t have this much money so I replied to her notice stating that I want u to come back and live with me.. she didn’t gave me any reply? What I am supposed to do the next? Should I file section 9 or what else I can do?

Advocate Brajesh Kumar answered
you can opt for pre litigation mediation to explore mediation before going into actual litigation. if not materialize you can file sec 9 or divorce petition as per your wish irrespective of her filing any complaint against you.

Q: Setting aside divorce order after death of husband

I need urgent valuable advice of experts here on folloy issue :-- my brother got divorce from his wife 14 years back ( ex-party for cruelty) his wife never objected to this ex-party divorce order in 14 years.. but now after death of my brother and death of parents...she recently filed petition in family court to set aside this divorce order with intention to get property of my deceased parents.. she says that this order was issued on ger back and she was not aware.... Kindly guide me ...what should i do

Advocate Brajesh Kumar answered
as per the limited information provided by yoy after death of husband her petition for vacating divorce decree is not maintainable. still for better advice you need to personally come to my office with all the relevant documents of the case.