The Uttarakhand government introduced new rules for marriage registration under the Uniform Civil Code. These rules aim to provide clarity in legal provisions concerning marital conditions and individual rights. The move ensures a standardized process for marriage registration across the state. This step is part of efforts to strengthen the legal framework for marriages under the Uniform Civil Code.
Uttarakhand established rules for marriage registration under the Uniform Civil Code (UCC), providing clarity on legal provisions for marital conditions and protecting individual rights and social harmony, as stated in an official announcement.
The state government noted that this act applies throughout Uttarakhand and also affects residents living outside the state.
Uttarakhand is the first state in India to implement a UCC, which aims to simplify and standardize personal laws concerning marriage, divorce, succession, and inheritance. The UCC is applicable to all residents of Uttarakhand, except for Scheduled Tribes and certain protected communities empowered by authorities.
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Specifically, the Act does not apply to Scheduled Tribes as defined under Article 342 and Article 366(25) of the Constitution, nor to protected authority-empowered persons and communities under Part XXI. The Uniform Civil Code Act, 2024, aims to streamline the legal processes related to marriage while promoting individual rights and social harmony.
According to the new rules, marriage can only be solemnized between individuals who do not have a living spouse, are both mentally competent to provide legal consent, and are at least 21 years old for men and 18 years old for women, while also not being in prohibited relationships.
Marriages can be performed according to any religious customs or legal provisions, but it is mandatory to register all marriages occurring after the Act’s implementation within 60 days. Marriages that took place between March 26, 2010, and the Act’s implementation must be registered within six months. Those who have already registered their marriages as per the prescribed standards are not required to register again but must acknowledge their previous registration.
Additionally, marriages solemnized before March 26, 2010, or outside Uttarakhand, can be registered within six months of the Act’s enforcement if both parties have been living together since then and meet all legal eligibility criteria; however, this registration is not mandatory.
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The statement further explained that once an application for marriage registration is received, the sub-registrar must make a decision within 15 days. If no decision is reached within this timeframe, the application will be automatically forwarded to the registrar. In the case of acknowledgment, applications will be considered automatically accepted after the 15-day period if not addressed.
A transparent appeal process is available for rejected registration applications, and penalties are in place for submitting false information. It was clarified that non-registration does not invalidate a marriage. Registrations can be completed both online and offline.
To implement these provisions, the state government will appoint a registrar general and registration sub-registrars to maintain and monitor the relevant records. The Act also stipulates who is eligible to marry and the procedures for solemnizing marriages, along with clear guidelines for recognizing both new and existing marriages.