Uttarakhand is the first Indian state to implement a Uniform Civil Code (UCC) requiring live-in relationship registration, effective January 27, 2025. This law standardizes legal provisions across communities. While nationwide UCC discussions continue, existing laws and Supreme Court rulings govern live-in relationships. Uttarakhand’s initiative may influence future legal reforms.
UTTARAKHAND: Uttarakhand has become the first state in India to introduce a Uniform Civil Code (UCC) that mandates the registration of live-in relationships. Coming into effect on January 27, 2025, this law provides a standardized legal framework for such relationships across all communities. While discussions on a nationwide UCC are still ongoing, live-in relationships in India are currently governed by existing laws and Supreme Court judgments, including the Protection of Women from Domestic Violence Act, 2005.
This initiative is part of a larger effort to implement a Uniform Civil Code across India, aiming to create consistent laws for family and personal matters, irrespective of religious background. The UCC panel highlighted that regulating live-in relationships would help promote transparency, safety, and accountability.
Although the mandatory registration of live-in relationships is likely to spark mixed reactions, the panel believes it is crucial for safeguarding the rights of both partners and their children. By enforcing proper legal documentation, the government aims to reduce misuse, prevent exploitation, and eliminate legal uncertainties surrounding such relationships.
The Long Road to a Uniform Civil Code (UCC) in India
India’s journey toward implementing a Uniform Civil Code (UCC) has spanned over two centuries, beginning with discussions in the 1840 Lex Loci Report. Initially, personal laws were left out of codification to protect religious freedoms.
However, over time, several secular laws, such as the Indian Succession Act and maintenance laws, have brought uniformity in specific areas of personal law. Significant Supreme Court rulings, including the Shah Bano and Shayara Bano cases, have exposed contradictions in existing laws and set the stage for reform. Implementing the UCC will require sustained efforts to resolve inconsistencies and codify personal laws, ensuring equal rights for all citizens.
Action Plan for UCC Implementation
- An online portal (ucc.uk.gov.in) has been created for applications.
- Common Service Centres (CSC) will serve as training partners.
- District nodal officers are appointed for implementation and training.
- A dedicated helpdesk (1800-180-2525) has been set up for assistance and technical support.
- Short videos and booklets will be released to educate citizens and train officials.
Uttarakhand Mandates Registration of Live-in Relationships
Uttarakhand has become the first state in India to require the registration of live-in relationships under its Uniform Civil Code (UCC). The new regulations make it mandatory for couples to register their relationship with the district registrar, with penalties, including up to three months of imprisonment, for non-compliance.
Key Aspects of Uttarakhand’s Live-in Relationship Rules
Mandatory Registration
- Couples must register their live-in relationship within 30 days of cohabitation.
- Registration can be completed online or offline via the UCC portal (ucc.uk.gov.in).
Registration Form
- A 16-page form must be filled out with details such as Aadhaar information, age, residency proof, and previous relationship history.
Required Documentation
- Age proof (Parental notification required if under 21).
- Residency proof (Domicile certificate, employment certificate, or tenant verification).
- Previous relationship history (Divorce decree, death certificate, or termination documents).
- Marriage permissibility certificate from a religious/community leader, confirming the couple is not within a prohibited relationship.
Financial Obligations
- A registration fee of ₹500 applies.
- If registration is delayed beyond 30 days, an additional ₹1,000 fine is imposed.
- ₹500 fee is required for registering relationship termination.
Responsibilities of Landlords
- Landlords must verify the live-in relationship registration before renting to couples.
- Failure to do so may result in a fine of up to ₹20,000.
Prohibited Relationships
- The law prohibits around 74 categories of relationships, including close family ties.
- A certificate from a religious/community leader is required to confirm that the relationship is permissible.
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Legal Rights and Benefits
- Right to Maintenance – Women in live-in relationships can claim maintenance if abandoned, similar to married women.
- Legitimacy of Children – Children born from live-in relationships will have legal recognition and inheritance rights.
- Parental Notification – If either partner is under 21, their parents will be informed.
- Approval/Rejection Process – The district registrar must approve or deny registration within 30 days, with an option for appeal if rejected.
Marriage Registration Requirements
- For marriages between March 26, 2010, and January 27, 2025 – Couples must register their marriage within six months of UCC implementation.
- For marriages after January 27, 2025 – Registration must be completed within 60 days of the wedding.
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Penalties for Non-Compliance
- Failure to register within the deadline – Fine of up to ₹10,000 or imprisonment of up to three months.
- Non-compliance after receiving notice – Jail term of up to six months, a fine of ₹25,000, or both.
- Providing false information – Punishable by three months in jail, a fine of ₹25,000, or both.
False Complaints and Legal Repercussions
- First-time false complaints will result in a warning.
- Repeated false complaints will lead to escalating fines imposed by the state government.
Impact and Significance
Uttarakhand’s move provides legal recognition and protection to live-in relationships, ensuring rights related to maintenance, inheritance, and safety. While it strengthens accountability and legal legitimacy, the law also imposes strict compliance measures, requiring thorough documentation and financial penalties for non-registration.
Consent and Verification of Relationship
- Voluntary consent is a critical requirement.
- If consent is obtained through force, coercion, or fraud, the relationship will not be legally recognized.
- The registrar has the authority to conduct summary inquiries to verify the authenticity of the relationship.
Live-in relationships and prohibited degrees of relationship
The Uttarakhand Uniform Civil Code (UCC) mandates that live-in couples falling within “degrees of prohibited relationships” obtain permission from religious leaders and the registrar before registering their relationship.
The Act specifies 74 such relationships—37 for men and 37 for women—where marriage or cohabitation is restricted unless permitted by religious customs. Couples must submit proof of permissibility from a religious leader, and the registrar is empowered to conduct a summary inquiry to verify the validity of such claims.
If the registrar determines that the relationship violates public morality or customary practices, the registration can be denied.
Hindu Marriage Act in Comparison to UCC
The UCC borrows this provision from the Hindu Marriage Act (HMA), which similarly prohibits marriages between close relatives unless custom allows it.
The HMA defines prohibited relationships as those between lineal ascendants and descendants, siblings (including full, half, and step), uncles and nieces, aunts and nephews, and children of siblings. While such marriages are rare in Uttarakhand, communities that permit them can still register live-in relationships by providing a religious certificate.
This regulation aims to align live-in relationships with the legal and cultural framework governing marriage, ensuring clarity and oversight.
The implementation of the Uniform Civil Code (UCC) in Uttarakhand marks a significant step in regulating live-in relationships by ensuring legal recognition, protection, and accountability. By mandating registration, documentation, and verification, the state aims to formalize such relationships while safeguarding individual rights, especially for women and children. The provision requiring approval for prohibited relationships aligns with existing legal frameworks like the Hindu Marriage Act, reinforcing cultural and societal norms.
As the first state in India to enforce live-in relationship registration, Uttarakhand’s UCC sets a precedent for legal clarity in personal laws. Whether you are seeking to register a live-in relationship, marriage, or legal heirship, understanding these new regulations is crucial for compliance. Stay informed about the latest updates on family laws, legal rights, and relationship regulations to navigate the evolving legal landscape effectively.
Legal Status of Live-In Relationships in India
Live-in relationships are not illegal in India, but they do not hold the same legal status as marriage. The Supreme Court has recognized live-in relationships as “relationships in the nature of marriage” under specific conditions, offering legal protection to women in such arrangements. The journey of recognition of live in relationships have been as follows:
Badri Prasad vs. Dy. Director of Consolidation (August 1, 1978)
The Supreme Court upheld the validity of live-in relationships for the first time, ruling that if a couple cohabits for a long period, their relationship is presumed to be a marriage unless proven otherwise.
S. Khushboo vs. Kanniammal & Anr. (April 28, 2010)
The Court held that live-in relationships and pre-marital sex are not illegal in India. It also reaffirmed that cohabitation falls under the fundamental right to life and personal liberty under Article 21 of the Constitution.
Dhannulal & Others vs. Ganeshram & Another (April 8, 2015)
The Court ruled that a woman in a long-term live-in relationship is entitled to inherit her deceased partner’s property. It rejected family objections, emphasizing that such relationships are presumed to be marriages.
Vidyadhari & Ors. vs. Sukhrana Bai & Ors. (January 22, 2008)
The Supreme Court granted inheritance rights to a woman in a live-in relationship, affirming that she is entitled to her partner’s property upon his death.
D. Velusamy vs. D. Patchaiammal (October 21, 2010)
The Court established criteria for defining a ‘relationship in the nature of marriage’ under the Domestic Violence Act. It ruled that couples must present themselves as spouses, be legally eligible to marry, and cohabit voluntarily for a significant period.
Bharatha Matha & Anr. vs. R. Vijaya Renganathan & Ors. (May 17, 2010)
The Court recognized the inheritance rights of children born out of live-in relationships, allowing them to claim a share in their parents’ self-acquired property, though not in ancestral property.
Indra Sarma vs. V. K. V. Sarma (November 26, 2013)
The Court clarified that women in live-in relationships are entitled to legal protection under the Domestic Violence Act, ensuring their right to maintenance and safeguarding them from abuse.
Lalita Toppo vs. State of Jharkhand & Anr. (October 30, 2018)
In this case, the Court reaffirmed that women in live-in relationships are entitled to maintenance under the Protection of Women from Domestic Violence Act, recognizing their financial and legal rights.
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