Uniform Civil Code Bill tabled in Uttarakhand House, sets rules on marriage, inheritance, live-in relationships

In Uttarakhand, it was a pre-poll promise that Chief Minister Pushkar Singh Dhami had made. On Tuesday, as he tabled the Bill, the treasury benches thumped their desks and chanted slogans of “Bharat Mata ki Jai”, “Vande Mataram” and “Jai Shri Ram”. The Bill is expected to be passed by the House on Wednesday.

“The draft specifically covers matters related to marriage, divorce, inheritance and adoption. There has been no tampering with the traditions and customs of any religion, caste or sect. Religious beliefs will not make any difference in the marital process,” the government said in a statement.

“Scheduled Tribes have been kept out of the scope of this law. Parties to marriage are clearly defined in the Code. Marriages can take place only between one man and one woman. Special attention has been paid to the rights of children and their protection, whether legitimate or illegitimate,” it said.

Marriage

The age of marriage has been fixed at 21 years for boys and 18 years for girls. For a marriage to be valid, neither party should have a “living spouse at the time of the marriage”, thus prohibiting bigamy or polygamy.

The provision mandates the compulsory registration of marriages that occur after the enactment of the UCC, regardless of any other existing laws or customs. It applies to marriages solemnised within the state or outside its territory, provided that at least one party to the marriage is a resident of the state. In case of failure to register a marriage or divorce, the couple will be deprived of all benefits linked to government facilities.

Prohibited relationships between the parties are not allowed unless permitted by custom or usage, provided these don’t contradict public policy or morality. Finally, the marriage must not be prohibited under any prevailing law.

Marriage ceremonies can be conducted in accordance with religious beliefs, customary rites and ceremonies, encompassing various Acts such as The Anand Marriage Act 1909, The Special Marriage Act 1954, and the Arya Marriage Validation Act 1937, among others.

Divorce

The Bill also addresses the “nullity of marriage” and divorce. It outlines conditions under which marriages are considered void or voidable and the grounds for divorce.

It makes halala, iddat and triple talaq – practices governing marriage and divorce under Muslim personal law – punishable offences. If a case like halala comes to light, there is a provision of three years imprisonment or a fine of Rs 1 lakh or both.

Men and women have the same reasons and rights with regard to divorce. The Bill also discusses grounds for divorce, including adultery, cruelty, desertion, conversion to another religion, mental disorder, incurable venereal disease, renunciation of the world, absence for seven years, bigamy, and failure to comply with maintenance orders. It allows for judicial separation in certain cases and divorce on mutual consent.

“Voidable” marriages may be annulled based on grounds like non-consummation, contravention of marriage conditions, force or coercion in obtaining consent, or pregnancy by someone other than the spouse.

Additionally, the Bill regulates the time frame for filing divorce petitions, prohibits dissolution of marriage except as per the UCC, grants the right to remarry after divorce or nullity, and upholds the legitimacy of children from void and voidable marriages. Penalties are prescribed for contravention of certain provisions, including imprisonment and fines.

In case of divorce or domestic dispute, the custody of a child up to 5 years of age will remain with the mother.

Inheritance

The Bill proposes equal property rights for sons and daughters across all classes. Illegitimate children, adopted children, children born through surrogacy and children born through assisted reproductive technology are also considered to be biological children.

In the case of intestate succession, which refers to the distribution of a person’s estate in case he dies without leaving a will, his wife, children and parents, if living, would have equal rights to his property. The current laws only give the mother a right in the property.

A specified order of preference is outlined by the Bill for such cases. If there is no immediate family, the property will be split among second-line relatives, specifically first cousins from the paternal side, with others having the opportunity to stake claim if no claimants are found.

It specifies the order of succession, distribution of shares and disqualifications from inheritance, emphasising equal treatment among heirs and the government’s role in the absence of eligible claimants.

Disqualification from inheritance includes murder or remarriage before the death of the person, while disease or deformity would not disqualify an heir unless specified otherwise. In case of simultaneous deaths, the younger person is presumed to have survived the elder for succession purposes.

Unborn children at the time of death are considered heirs if born alive later.

Live-in relationships

The Bill mandates the registration of any live-in relationship within the state’s jurisdiction, regardless of whether the man and woman are residents of Uttarakhand or not.

The procedure for registration involves submitting a statement to the Registrar, who will conduct an inquiry and either register the relationship or provide reasons for refusal. The registration is solely for record purposes. Registrars are empowered to handle registrations and maintain relevant registers.

Partners can terminate the relationship by submitting a termination statement. Failure to submit statements or providing false information can lead to penalties. Women deserted by their live-in partners can claim maintenance through the competent court. Children born out of such relationships are considered legitimate.

Certain conditions prohibit the registration of live-in relationships, such as being within prohibited degrees of relationship, being married or in another live-in relationship, or involving a minor or obtained by coercion or fraud.

The state government has the authority to make rules for implementing these provisions.