How Live-In Relationships Will Be Regulated Under Uniform Civil Code in Uttarakhand?
The unmarried heterosexual couples, who will register their live-in relationships under UCC in Uttarakhand, besides submitting a long list of documents, will have to furnish proof of any prior relationships. If they fall under ‘degrees of prohibited relationships’, they must obtain approval from religious community...Read More
Uttarakhand has become the first state to implement Uniform Civil Code that seeks to establish common legal provisions for all citizens, regardless of community or religion. Under the many rules, the UCC will also regulate live-in relationships.
The Uttarakhand UCC makes it compulsory to register all live-in relationships. Only unmarried heterosexual couples are allowed to register.
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Chief minister Pushkar Singh Dhami had said the law to regulate live-in relationships is necessary to avoid domestic crimes outside of marriage.
What Is A Live-In Relationship?
According to the Uttarakhand UCC, a live-relationship is a bond between a man and a woman, “who cohabit in a shared household through a relationship in the nature of marriage".
It also defines the term “shared household" as one “where a man and a woman, not being minors, live under one roof in a rented accommodation or in a house owned jointly or by any of them or any other accommodation".
For individuals under 21 years of age involved in live-in relationships, parental consent will be required. If individuals fail to register their live-in relationships or provide false information, they could face penalties including jail time for up to three months, a fine of Rs 25,000, or both.
How Does One Register A Live-In Relationship?
According to the Part 3 of Uttarakhand’s UCC, individuals are essentially required to submit “a statement of live-in relationship" within a month of entering such a relationship. It also requires them to submit a statement of “termination of relationship".
The law states that the registration is only for the “purposes of record keeping" and also that the Registrar will forward these statements to the local police stations where the couple lives.
Heterosexual, unmarried couples can register for their live-in relationship through a newly launched portal. For offline registration, couples will have to submit a 16-page form along with supporting documents to the concerned registrar.
Depending on the jurisdiction, the registrar may be the sub-divisional magistrate, municipal commissioner, chief executive officer of a cantonment board, or any officer appointed by them.
Under Rule 15(3)(e), applicants are required to submit an extensive set of documents for registration such as their photographs, Permanent Account Number (PAN), Aadhaar linked to their phone number, and proof of residence or domicile within the state.
What Are Some Distinctive Features Of The Rules?
If a couple falls within the “degrees of prohibited relationships" as outlined in Schedule 1—meaning they are related by blood – they must obtain approval from a religious or community leader certifying their eligibility to marry.
The term “degrees of prohibited relationships" is derived from the Hindu Marriage Act, 1955, which forbids marriages between individuals who are descendants of the same ancestor (consanguinely), unless such unions are permitted by local customs.
Couples are also required to furnish proof of any prior relationships, particularly if they have previously been in a live-in relationship. Further, they are required to disclose their current status — whether single, married, divorced, annulled, separated, or widowed. For this, they are required to furnish supporting documentation that may include a divorce or annulment decree, a death certificate, or a certificate of termination for a previous live-in relationship. If a marriage was dissolved through customary religious practices, appropriate evidence of such dissolution must be provided.
If the partners are already living together, they must provide proof of their shared household, such as the most recent electricity or water bill. If they live in a rented accommodation, they must also submit the landlord’s full name, contact number and a copy of the rent agreement.
The rules also make it mandatory for landlords to verify the registration certificates of their tenants before signing rent agreements. Failure to do so will result in landlords having to pay fines of up to Rs 20,000.
If the partners are not living together, they must submit a provisional certificate. After receiving the certificate, they must secure accommodation within 30 days.
What Is The Role Of A Registrar?
The rules empower the registrar to conduct a summary enquiry of the submitted documents and ensure that the relationship was not established through coercion, influence or fraud. If the application is rejected, then the couple has a right to appeal before the Registrar General under the code.
Failing to register the live-in relationship within a month may incur penalties. Upon conviction, a magistrate may impose a jail term of up to three months, a fine of up to Rs 10,000, or both. Providing false information or concealing details about the relationship carries a stricter penalty — imprisonment of up to three months, a fine of up to Rs 25,000, or both.
Non-compliance may lead to legal proceedings, if convicted, the couple may face imprisonment of up to six months, a fine of up to Rs 25,000. Repeat offenders will face a higher penalty.
How Does The Law Empower Women?
A woman can seek maintenance if she is deserted by her live-in partner. The law states that the provisions related to maintenance in a marriage shall apply mutatis-mutandis (a Latin legal term to indicate correlation).
If a child is born to a live-in couple, he will be recognized as legitimate. It has been the position of law since 1976, and has been widely applied by the Supreme Court, that children born out of wedlock are legitimate and can inherit property.
Section 16(1) of the Hindu Marriage states that “notwithstanding that a marriage is null and void," under the Act, “any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate." How a marriage is defined, whether the man is already married are all questions of facts that courts have to decide on a case to case basis.
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