Jail term to maintenance – Uttarakhand UCC seeks to regulate live-in relationships

While the law uses gender-neutral terms like “partners”, it defines a live-in relationship separately as a “relationship between a man and a woman (herein after referred to as “partners”), who cohabit in a shared household through a relationship in the nature of marriage, provided that such relations are not prohibited”.

Section 378 of the Code requires the submission of a statement by partners to live in-relationship. It states: “It shall be obligatory for partners to live-in relationship within the State, whether they are resident(s) of Uttarakhand or not, to submit a statement of living relationship under sub-section 1 of section 381 to the Registrar within whose jurisdiction they are living.”

“Any resident(s) of Uttarakhand staying in a live-in relationship outside the territory of the State, may submit a statement of live-in relationship under sub section 1 of section 381 to the Registrar within whose jurisdiction such resident ordinarily resides,” it states.

The code also requires live-in partners to submit a “statement of termination” with the Registrar. The law prescribes a jail term of up to three months for not registering a live-in relationship for more than one month of entering into such a relationship. In case of failing to produce a certificate of live-in relationship, a term of six months is prescribed on conviction.

Significantly, the proposed Code provides for maintenance for women “deserted” by her partner similar to a married woman. Section 388 states: “If a woman gets deserted by her live-in partner, she shall be entitled to claim maintenance from her live-in partner, for which she may approach to competent Court, having jurisdiction over the place, where they last cohabited, and in such a case, the provisions contained in chapter 5, part 1 of the Code shall mutatis mutandis apply.”

The Code also explicitly recognises that a child born in a live-relationship is a legitimate child. This has been the legal position but it now codifies the law.

The Registrar, similar to powers granted to the magistrate in the anti-conversion legislations, is empowered to conduct a “summary inquiry” summoning the live-in partners or “any other persons” for verification.

The law also states that the Registrar will forward the record to the police station concerned and in case either of the parties is less than 21 years of age, inform the parents or guardians.