'Registration of live-in relationships mandatory': Uttarakhand Civil Code

Digital Desk: The Uniform Civil Code bill was introduced in the Uttarakhand state legislature on Tuesday. Its goal is to create uniform regulations for marriage, divorce, land, property, and inheritance for all individuals, regardless of their religion. Chief Minister Pushkar Singh Dhami, who presented the bill in the House, announced that individuals who wished to stay in a live-in relationship should get themselves registered or face consequences. Once the Uniform Civil Code becomes law, this will take place.

For those under 21 who want to live together, the registration process will also need parental approval, under the UCC. Moreover, the requirement for registration extends to people who live outside of Uttarakhand as well as those who are residents of the state.

The planned UCC in Uttarakhand states that giving false information or failing to submit live-in relationship declarations might result in three months in jail, a fine of Rs. 25,000, or both. Failing to register a live-in relationship carries a possible jail sentence of six months, a fine of Rs. 25,000, or both. Even a delay in registration, by as little as a month, will trigger a jail term of up to three months, a fine of Rs. 10,000, or both.

When a relationship is "against public policy and morality," it will not be registered. This implies that the live-in relationship won't be accepted if one of the partners is married or in a different relationship. Furthermore, the live-in partnership won't be officially recognized if one of the partners is a minor. Furthermore, a live-in relationship will not be accepted if one partner's permission was obtained by coercion, fraud, or misrepresentation (with regard to identity).

• It shall be obligatory for partners to a live-in relationship within the state, whether they are Uttarakhand residents or not, to Sumit a statement of live-in relationship Under sub section (1) of section 381 to the Registrar within those jurisdiction they are so living

• According to the UCC, any child of a live-in relationship shall be a legitimate child of the couple.

• 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(s) ordinarily resides.

Live-In Relationship registration will be cancelled if:

1. A live-in relationship between two persons shall not be registered, where the partners are within the degrees of prohibited relationship.

2. Provided that the prohibitions will not apply to the person(s) whose customs and usage permit the relationship, if it were a marriage;

3. Provided further that such customs and usage are not against public policy and morality

4. Where at Ieast one of the persons is married or is already in a live-in relationship

5. Where at least one of the persons is a minor

6. Where the consent of one of the partners was obtained by force, coercion, undue influence, misrepresentation or fraud as to any material fact or circumstance concerning the other partner, including his-her identity.

• Partners in a live-in relationship, or persons intending to enter into a live-in relationship, shall submit a statement of live-in relationship to the Registrar concerned in such format and in such manner as may be prescribed.

• The Registrar shall examine the contents of the statement of the live-in relationship so submitted and satisfy herself/himself by conducting a summary inquiry that the live-in relationship is not of such a kind as is mentioned under section 380.

• In conducting a summary inquiry under sub-section (2), the Registrar may summon the partners/persons or any other person for verification in the prescribed manner and require the partners/persons to supply additional information or evidence, if necessary.

• After conducting such summary inquiry as may be deemed appropriate, the Registrar shall, within thirty days of the receipt of the statement of live-in relationship under sub-section (1), either enter such statement in a prescribed register for registering the live-in relationship, and issue a registration certificate in the prescribed format to the partners/persons; or (b) refuse to register such statement, in which case the Registrar shall inform the partners/persons of the reasons in writing for such refusal.

NOTE: A woman “deserted by her live-in partner” can claim maintenance, the UCC draft also said, although it does not specify what constitutes “desertion”.