does marriage/divorce goes under criminal before 7 years ?

Question

does marriage/divorce goes under criminal court before 7 years ? or any time it comes under civil court ? if there was divorce what is compensation that needs to be given to spouse. And after divorce how to get the protection legally ?

Answer 1

Any matrimonial dispute with regard to marriage,divorce,annulment, maitenance, custody of children, settlement of property held by both or any individual party to such dispute are all civil matters not criminal matters & all these are covered under the jurisdiction of the Family courts which are set up under the provision of the Family Courts Act,1984. Matters relating to the matrimonial crimes such as bigamy, adultery, cruelty etc are only covered under the chapter XX & XXA of the Indian Penal Act which are being prosecuted by the criminal courts of the competent jurisdiction usually the First class magistrate. Matter relating to maintenance to the destitute wife is also covered under the provisions of section 125 of the Criminal Procedure Code & under the provisions of the Protection of the Women from the Domestic Violence Act, 2005 which too are being adjudicated by the criminal courts of the rank of first class magistrate. Now what sort of matter you talk about in your case, if it relates to likes of the first category as mentioned here by me then such issues are being settled by the Family/civil courts but if the matter relating to the other two categories then these will be dealt by criminal courts as mentioned here in my reply. What compensation/alimony has to be given to the wife where there is dissolution of marriage by divorce or annulment will depend on the income or salary of the husband & wife both as well the earning capacity of the husband & all properties held or are to be received anytime by the wife & all circumstances of the whole case including the conduct of the parties. This can be settled on monthly basis or on lump sum basis to be paid to the wife before the passing of the decree of divorce or even after its passing. What protection you mean after divorce? And to whom? After passing of the decree of divorce the parties are free to move out & remarry again & no further liabilities towards other then maintenance which has been ordered to be paid to either of the by the concerned spouse as the case may be till the other party if she is the ex-wife remarries or the ex-husband if he indulge in any sexual activities with some other woman. On any of these two conditions the order for the maintenance can be varied, modified or rescinded by the family court. One more point I would like to bring to your notice that the right to residence to a wife as provided under the provisions of the Domestic Violence Act include even the divorced wife if she does not have any place of residence, it has been recently held by one of the High court that such divorced wife can continue to stay in the same place where she was staying before her divorce being a place provided by her husband till the time she gets remarried or get another suitable place of residence. As far obtaining order of protection against the husband & other members of his family is concerned that no doubt exist under the provisions of the domestic violence Act & it will continue to remain enforceable even after the decree of divorce or dissolution of marriage against the husband & his other relatives till the said wife remarry & moves out completely from his life. Hope all these information will be helpful to you & increase the legal awareness of all who read this reply.

Answer 2

1

Answer 3

IF a married women commits suicide within 7 years of her marriage or if there is a dowry death of a married women within 7 years of her marriage there is a presumption that the husband and his relatives are responsible for her death.

There is no law that says you cant divorce your wife/husband within 7 years of your marriage.

The compensation you pay can be fixed by mutual negotiation or you can go to the court with your claims and the court will fix the compensation.

If you go for mutual divorce you can include a clause in the joint petition that the wife will withdraw all criminal cases against the husband and the husband is not be held criminally liable for his actions during the marriage.

Answer 4

the concept of marriage and divorce comes under the civil law but where a wife dies an unnatural death within 7 years of marriage then it is criminal case and the punished under the indian penal code
under the Hindu Marriage Act 1955 section 24 and 25 gives the provision of maintenaceamd permanent alimony. section 24 deals with maintenace in terms of the expences of prcoceedins and section 25 deals with permanent alimony and maintenance.
The Criminal Procedure Code 1973 Chapter 9 section 125-128 deals with the order for maintenace of wives, childrens and parents.
AS for ur question how to get protestion legally after divrce if u are considering and physical protection the the indian penal code is there aand for financial protection one can get mainetenace and alimony after divorce provided he does not marry again.

Answer 5

if u assult the girl for any dowery with in 7years of marriage it is criminal.
If u go for divorce it is not criminal and no binding for the period.
You have to pay mentinance during the seperation period if wife is not earning some times it is 50 % of ur earnings.
There is no need of any protection after divorce , as both r free

Answer 6

Divorce is civil; not criminal. Each case if different as to how much money, if any, is provided spouse. Your court order is your legal protection.

Answer 7

Yes, divorce is civil, not criminal.
You should talk to an attorney about your specific situation. Every case is different.

Answer 8

It does not go to criminal court. It goes to civil court. Infact when I got my divorce I never even went to court. My lawyer did all the leg work. I just signed the paper work. Viola!

Answer 9

It all depends, so see a lawyer.

Each situation is different. As a rule it is civil matter but it can be criminal if certain element are exposed, during the proceedings.

Answer 10

divorce is civil not criminal