Advocate Ashish Malik

Questions Answered by Advocate Ashish Malik (25+ answers)

Q: Remarrying to someone without legally divorce in India

My fiance got married on 6th march 2025 and separated on 27 march 2025. A mutual compromise agreement was signed between Him and his wife which states that they have agreed to live separately from each other and not to interfere in each others personal lives, affairs or matter henceforth. Therefore can I marry him now in India

Advocate Ashish Malik answered
according to Indian marriage act - legal procedureone year separation must before filing divorce petition after 2nd motion mutual divorce petition..u r fiance got Decree from court after one one month u marry with her

Q: Police Clearance Certificate for immigration and I have one case at as

Hello Sir,I need guidance regarding my Police Clearance Certificate (PCC). A few years ago, an FIR was registered against me at, Amritsar. The case has already been disposed by the court with the result “Contested Dismissed.”Now I am applying for an overseas PCC, and I want to know: 1. Will this disposed case appear on my PCC? 2. If it appears, will it show only as “Disposed / Dismissed,” or will it be considered adverse? 3. Is it possible that the case does not show on PCC aft

Advocate Ashish Malik answered
1) yes , your case show in pcc 2) it's show only u r FIR no. , under section u charge 3) it is not possible legal advice from my side -Don't worry, Fir doesn't mean u are guilty.Jis court se case dismiss hua vha jakr certified copy le aaoPCC k liye police station m de ana jb verification k liye aaye apke pss unko de dena- all the best u r PCC clear ho Jani don't worry

Q: Single Name Holder, Now I want to add my surname to my name

Anyone who has done name change process. From my school, I have kept single name, no surname. Now I am facing issue with Visa, so want to add surname to my name. Anyone who can guide how to get this done and expected timeline of the process. My residential address is of Punjab. A lot of my friends have single name, how to navigate this situation. Need your help !

Advocate Ashish Malik answered
NAME CHANGE / SURNAME ADDITION PROCESS You will need to follow a 3-step legal process:1. Affidavit2. Newspaper Publication3. Gazette NotificationDocuments Needed:Aadhaar CardSchool CertificateSelf-declaration formPassport/visa (if applicable)

Q: Divorce case with alimony demand for child

Hi, i am from Ludhiana. I got married on 09 December 2022. After 3 months of marriage in March me and my husband had a dispute and i had to face some harsh/abusive behaviour from my husband and his family. Due to there act i went into anxiety and depression and had to go treatment for about an year. In September my husband brought me back again to his house but his behavior was not good. In november i got pregnant and after that my hsband and my mother inlaw behaviour towards me was worst. To p

Advocate Ashish Malik answered
1. Domestic Violence Complaint (DV Act, 2005)You can file a case for-Physical abuseMental harassmentVerbal/emotional abuseEconomic abuseThreats and pressure during pregnancyThis law provides you:Protection order (to stop your husband/in-laws from harassing you)Residence order (right to live in the house safely)Monetary compensation for medical treatment and emotional harmMaintenance for yourself and your child (even during pregnancy)Custody order (if needed later)2.Police Complaint / FIR (if criminal acts happened)If there was physical violence, threats, abuse, dowry demands, you can:File FIR under IPC Sections 498A, 323, 504, 506, etc.

Q: Query Related To Free Govt. ??

मेरा आपसे सवाल था कि आमतौर पर जो सरकारी वकील होते है जो फ्री सेवा प्रदान करते है जैसे कोर्ट में फ्री केस लड़ना आदि , ऐसे सरकारी वकील की अगर हेल्प लेनी पड़े तो कौन कौन से व्यक्ति इस service को लेने के लिए एलिजिबल होंगे???

Advocate Ashish Malik answered
1. अनुसूचित जाति (SC) और अनुसूचित जनजाति (ST) के सदस्य2. महिलाएं (चाहे किसी भी धर्म या वर्ग की हों)3. बच्चे/नाबालिग (18 वर्ष से कम उम्र के)4. असक्षम व्यक्ति (Persons with disability) — जिनकी शारीरिक या मानसिक अक्षमता है5. औद्योगिक कार्यकर्ता (Industrial Workmen)6. क़ैदी (Undertrial या Convicted) — चाहे जेल में हों या रिहा7. नैतिक, सामाजिक या आर्थिक शोषण के शिकार लोग8. आपदा, दंगे, घरेलू हिंसा, मानव तस्करी, बेघर आदि के पीड़ित9. वार्षिक आय ₹3 लाख (कुछ राज्यों में ₹1 लाख या ₹2 लाख) से कम (आय सीमा राज्य अनुसार अलग हो सकती है)