Step-great-grandfather to first cousins: What are prohibited relationships under UCC?

Even though the registration sought pertains to live-in relationships, the couple should submit “proof of permissibility of marriage if they are within the degrees of prohibited relationship”.

How does the UCC Act 2024 define live-in relationships?

The Uttarakhand UCC defines a live-in relationship as a relationship between a man and a woman, “who cohabit in a shared household through a relationship in the nature of marriage.”

The term “shared household” is defined 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 one of them or any other accommodation.”

Effectively a live-in relationship under the Act refers to the cohabitation by a male and a female adult managing a household, subject to exceptions.

And what are the prohibited relationships under the Act?

According to section 3 of the Act, “degrees of prohibited relationships” means a man and any persons mentioned in List 1 of Schedule 1 and a woman and any persons mentioned in List 2 of the same schedule are within the degrees of prohibited relationship.

A man in Uttarakhand and his first cousin or daughter of his maternal and paternal uncle/aunt are “within degrees of prohibited relationships”. Similarly, a woman from the state and her first cousin from both sides of the family, that is the son of maternal and paternal uncle/aunt are also within this category.

Similarly, a woman cannot be in a relationship or marry relatives like her great-grandfather, step-great-grandfather, daughter’s son’s daughter’s husband, nephew, or uncle, unless she has the approval from the religious leader.

How does the UCC Act regulate such relationships?

While Form 3 of UCC rules for registration of live-in couples, applicants are asked if they fall within degrees of such relationships. If they do, they are asked if their customs permit marriage between the couple. They then need to attach a certificate issued by the religious leader/community head certifying that the customs and usage of the party(ies) permit such a marriage. They also need to submit the name of the aforementioned religious leader, their address, mobile number and email ID.

In the next stage, when the registrar gets this certificate, he is required to conduct a summary inquiry. “The registrar shall verify from her/his own sources or from community heads or from religious leaders whether the customs and usage actually permit marriage between a woman and a man having identical relationship. If the registrar comes to the conclusion…(they) do not permit marriage between the registrants, she/he shall refuse to register the live-in relationship,” the rules state.

Rule 3 (u) also defines who qualifies to be a religious leader “in relation to a community… a priest of the place of worship of that community or an office bearer of the religious body pertaining to that community”.

Manu Gaur, a member of the UCC Rules Framing Committee said that a religious certificate verifying the relationship will only be required in cases where the partners have a pre-existing relationship that falls under the prohibited category mentioned in Schedule 1. “In Uttarakhand, marriages in such relationships are extremely rare. This means that less than 1% of UCC registrations in the state will require such a certificate. Communities where marriages within the prohibited category occur can still register their relationship by providing a religious certificate,” he said.

What does the Hindu Marriage Act say?

This mandate under UCC has been taken from the Hindu Marriage Act, which states that marriage can be solemnised between two Hindus if the parties are not within degrees of prohibited relationship “unless the custom or usage governing each of them permits a marriage between the two”.

The “degrees of prohibited relationship” under HMA include relationships such as if one is a lineal ascendant of the other; or if one was the wife or husband of a lineal ascendant or descendant of the other; or if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.

Simply put, prohibited relationships are lineal ascendants; spouses of lineal ascendants and descendants; siblings including full, half and step siblings; uncles and nieces and aunts and nephews; and children of siblings.

Under the Muslim personal law, marriage is prohibited between relationships of consanguinity, affinity and fosterage.