Uttarakhand has taken a great landmark step to make India the first state to implement the Uniform Civil Code. The new law will bring in common legal provisions for all people, regardless of their community or religion. Live-in relations have also been included as a major part of personal law and so much more.

What does the Uniform Civil Code say about live-in relationships?

Live-in relationships, under Uttarakhand's UCC, would now be dealt with more formally. Under the new rules, all unmarried heterosexual couples would be bound to register their live-in relationship. 

Chief Minister Pushkar Singh Dhami asserted that domestic crimes happening beyond the confines of marriage are of utmost importance through this law.

How does UCC define a live-in relationship?

The UCC offers a clear definition of a live-in relationship: it’s a relationship between a man and a woman who “cohabit in a shared household through a relationship in the nature of marriage." The law also specifies what constitutes a "shared household" — a home where both partners, not being minors, live under one roof, either in rented accommodation or in a jointly owned house or another form of housing.

What are the registration requirements?

The UCC mandates registration of the union between couples entering into a live-in relationship. They are obligated to file a "statement of live-in relationship" within a month of entering into the relationship. Moreover, when the relationship comes to an end, they must file a statement of its termination.

This registration further elaborates that it is solely to be kept for records, and the list will be shared with the local police stations of the region in which the couple stays.

Offline registrations are also possible. For this, applicants would have to submit a 16-page form accompanied by documents such as photographs, PAN and Aadhaar cards, residence proof, and more. A recently established online portal is also available for such registrations.

What are the penalties for non-compliance?

The UCC imposes strict penalties on those who fail to register their live-in relationships or provide false information. Penalties include imprisonment of up to three months, fines of up to Rs 25,000, or both. The law also holds landlords accountable, as they must verify the registration of tenants before signing a rent agreement. Failure to do so could result in fines up to Rs 20,000.

What about relationships between relatives?

If a couple is related by blood, meaning they fall within the "degrees of prohibited relationships" as defined under the Hindu Marriage Act, 1955, they will need approval from a religious or community leader to validate their eligibility to marry.

In addition, couples must disclose their relationship history, including whether they have been previously married, divorced, or annulled, and must provide supporting documents like divorce decrees or certificates of annulment.

How does the law safeguard women?

Another benefit of this new law comes to women, who live-in with their mates. If she is abandoned by her partner, she can have maintenance, and that is similar for women who are already married.

Moreover, children born out of live-in relationships will be considered legitimate and have the same rights of inheritance as the children born within marriage. Such protection is from Section 16(1) of the Hindu Marriage Act, which states,“notwithstanding that a marriage is null and void," “any child of such a marriage who would have been legitimate if the marriage had been valid, shall be legitimate."

 

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