ACT & RULES UNDER WHICH VICTIM COMPENSATION APPLICATION CAN BE FILED IN POCSO CASES

 General Statutory Rule for POCSO  [G.S.R. 165(E)]

 :: Where the Special Court, under sub-section (8) of section 33 of the Act read with sub-sections (2) and (3) of section 357A of the Code of Criminal Procedure, 1973 (2 of 1974) makes a direction for the award of compensation to the victim, [Rule 9 (3)] ::

Rule 9 (3)(i): type of abuse, gravity of the offence and the severity of the mental or physical harm or injury suffered by the child;

Rule 9 (3)(ii): the expenditure incurred or likely to be incurred on child’s  medical treatment for physical or mental health or on both;

Rule 9 (3)(iii):  loss of educational opportunity as a consequence of the offence, including absence from school due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;

Rule 9 (3)(iv):  loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason;

Rule 9 (3)(v): the relationship of the child to the offender, if any;

Rule 9 (3)(vi): whether the abuse was a single isolated incidence or whether the abuse took place over a period of time;

Rule 9 (3)(vii): whether the child became pregnant as a result of the offence;

Rule 9 (3)(viii): whether the child contracted a sexually transmitted disease (STD) as a result of the offence;

Rule 9 (3)(ix): whether the child contracted human immunodeficiency virus (HIV) as a result of the offence;

Rule 9 (3)(x): any disability suffered by the child as a result of the offence;

Rule 9 (3)(xi): financial condition of the child against whom the offence has been committed so as to determine such child’s  need for rehabilitation;

Rule 9 (3)(xii): any other factor that the Special Court may consider to be relevant.

GROUNDS FOR DIVORCE IN INDIA

Hindus, Christians, and Muslims are governed under separate marriage acts and grounds for divorce in India.

1.GROUNDS FOR DIVORCE UNDER THE HINDU MARRIAGE ACT, 1955

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – [Sec 13(1)(i)]The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed adultery. Adultery is counted as a criminal offense and substantial proof are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty –  [Sec 13(1)(ia)] A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill-treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.

Desertion –  [Sec 13(1)(ib)] If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion –  [Sec 13(1)(ii)] In case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder –  [Sec 13(1)(iii)] Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy –  [Sec 13(1)(iv)] In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease –  [Sec 13(1)(v)] If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. Sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation –  [Sec 13(1)(vi)] A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive –  [Sec 13(1)(vii)] If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation –  [Sec 13(1A)(i)(ii)] It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

THE FOLLOWING ARE THE GROUNDS FOR DIVORCE IN INDIA ON WHICH A PETITION CAN BE FILED ONLY BY THE WIFE.

1)  [Sec 13(2)(i)] If the marriage is solemnised before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.

2) [Sec 13(2)(ii)] If the husband has indulged in rape, bestiality and sodomy.

3) [Sec 13(2)(iii)] If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce, 

4) [Sec 13(2)(iv)] A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.

2. GROUNDS FOR DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT, 1939

Based on the Dissolution of Muslim Marriage Act, 1939 

a Muslim woman can seek divorce on the following grounds for divorce in India.

1)The husband’s whereabouts are unknown for a period of four years.

2)The husband has failed to provide maintenance to the wife for at least two years.

3)The husband has been under imprisonment for seven or more years.

4)The husband is unable to meet the marital obligations.

5)If the girl is married before fifteen and decides to end the relationship before she turns eighteen.

6)The husband indulges in acts of cruelty.

3.GROUNDS FOR DIVORCE UNDER THE INDIAN DIVORCE ACT, 1869

The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869.

1) Adultery

2) Conversion to another religion

3) One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.

4) Not been seen or heard alive for a period of seven or more years.

5) Failure in observing the restitution of conjugal rights for at least two years.

6) Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.

7) Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

4.GROUNDS FOR DIVORCE UNDER THE PARSI MARRIAGE AND DIVORCE ACT, 1936 (Amendment 1988)

The following are the grounds for divorce in India included in the Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988.

1) Continuous absence of seven years.

2) Non-consummation of marriage within one year.

3) Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.

4) Pregnancy by some other man, provided the husband was unaware of the incident during the time of marriage and that he must not have undergone sexual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage.

5) Adultery, bigamy, fornication, rape, or any other type of perverse sexual act.

6) Act of cruelty

7) Suffering from venereal disease or forcing the wife into prostitution.

8) Sentenced to prison for seven years or more

9) Desertion for two or more years

10) Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.