Uttarakhand’s proposed Uniform Civil Code: Key points

Team Udayavani, Feb 6, 2024, 6:24 PM IST

Credit: PTI

• The law sets the marriage age at 21 for men and 18 for women, while also prohibiting marriages within certain immediate family relationships.
• It recognizes marriages under various religious forms and mandates the registration of marriages within 60 days, with penalties imposed for non-registration – including a three-month jail term and a fine of ₹25,000 for providing incorrect information during registration and a ₹10,000 fine for failure to register.
• The bill makes it clear that a marriage between a man and a woman can be solemnised if “neither party has a spouse living at the time of marriage.” In effects, this bans polygamy and polyandry.
• It also spells out the right to remarry after divorce or the nullification of any marriage provided, there is no appeal pending.
• Dissolution of marriage requires a court order, with penalties including up to 3 years in jail for violating this condition.
• Divorce pleas must be filed in specified courts, with a decree issued within 60 days, and both spouses are entitled to alimony and maintenance rights.
• The bill also deals with the issue of marrying when the spouses are related in some manner.
• It gives the nod to marriages when the couple are “not within the degrees of prohibited relationship”. But it makes an exemption to “custom or usage” that permits such marriages – provided they are not against “public policy and morality”.

Live-in Relationship:

• The law mandates the registration of all live-in relationships, with certain categories prohibited.
• Like marriages, live-in relationships must be registered. The bill says the live-in partners must not be under18. But if any one of them is under 21, the registrar is bound to inform their parents or guardians.
• The bill stipulates a penalty of up to a month in prison or a fine of Rs 10,000, or both, if the partners do not submit a statement on their relationship to the registrar within a month.
• They will face a higher penalty if they submit false information.
• There is also a provision to terminate a live-in relationship.
• Children born of live-in relationships will be considered legitimate and deserted women will be entitled to maintenance from their partners.

Intestate Succession:

• Equal property shares are designated for immediate family members in cases of intestate succession, with special provisions in place for Hindu United Family (HUF).
• The state government appoints an authority to decide property sharing among claimants, ensuring a fair distribution process.

(with PTI inputs)