Advocate Sunny Sharma

Questions Answered by Advocate Sunny Sharma

Q: Wife is not letting me meet children even after court's order i have field contempt but still nothin

Wife is not letting me meet children even after court's order i have field contempt but still nothing is happening. what to do please advise

Advocate Sunny Sharma answered
I'm sorry to hear that you're going through this difficult situation. Dealing with child custody issues can be emotionally challenging and frustrating. Here are some steps you can consider taking:Consult with a family law attorney: A family law attorney can advise you on your legal rights and options, including the appropriate steps to take if your ex-spouse is not complying with a court order. They can also represent you in court and help you navigate the legal system.Document all communication with your ex-spouse: Keep a record of all communication with your ex-spouse regarding the custody of your child. This can include emails, text messages, and phone calls. If your ex-spouse is not complying with the court order, document those incidents as well.File a motion for enforcement: You can file a motion for enforcement with the court that issued the custody order. This motion will ask the court to enforce the order and require your ex-spouse to comply with its terms. Your family law attorney can help you prepare and file this motion.Attend mediation: Some courts require parties to attend mediation before they will hear a motion for enforcement. Mediation is a process where a neutral third party helps the parties work out a solution to their dispute. If mediation is required in your case, attend it in good faith and try to reach a resolution.Attend a hearing: If mediation does not work or is not required, the court will schedule a hearing on your motion for enforcement. Attend the hearing and be prepared to present evidence and arguments in support of your motion. Your family law attorney can represent you at the hearing.It's important to stay calm and focused throughout this process, and to prioritize your child's best interests. Keep in mind that it may take time to resolve this issue, but with the help of an experienced family law attorney, you can work towards a solution that is in your child's best interests.

Q: Need To File Case For Maintenance Of Child

Separated for 4 years,need to file maintenance case for daughter, child custody and domestic violence

Advocate Sunny Sharma answered
firstly you need to file a petition via an advocate for domestic violence and maintenance for yourself and for your daughter as well I am assuming the daughter is already with you then as per the law you can get at least one third of your husband net intake earning as the maintenance as per section 125 of CRPC.it will took a while to get started your maintenance and once it started it will be retrospective effect that means you will get the amount started from the date you separated from your husband for example if court orders 10000 rupees per month of maintenance for you and your daughter then the 10000 amount will be started for back from the day which you have separated from your husband to till date he need to make the payment clear the dues first and then on every month by the time the case will go he need to make the payment on monthly basis as a maintenance

Q: I bought Top floor with roof rights in Delhi

I bought Top floor with roof right, I never stopped any member of building to go on terrace nOn their registery is mentioned they have right to go on terrace for dish antenna, AC unit, and for cleaning tankAnd in my registery is mentioned that Third floor with roof rightsnnThey filed a false civil case on menThat I never allowed them to go on roof top nnWhat should I do?

Advocate Sunny Sharma answered
In Civil suit the complainant have to bring their evidence.In your case if the complainant have any proof like any video recording where you have stop him to go to the roof then you need to make a promise to the court in writing that next time you will not let them stop to go to the roof in case if they don't have any proof and as you said you never stop him then the case will be closed without any issues because the complaint have no proof to prove their issues.