Details about prior relationships, priest NOC: Uttarakhand's live-in-cohabitation regulations


Uttarakhand's implementation of the Uniform Civil Code (UCC) has introduced stringent regulations governing live-in relationships, requiring couples to undergo a comprehensive registration process or face legal consequences. The state, which has become the first in India to enforce such a code, mandates that live-in partners register themselves with the district registrar within a month of entering the relationship. Failure to comply with this directive could result in fines or even a jail term of up to six months. The move is aimed at formalizing live-in relationships and ensuring legal protections, particularly for women and children.

The registration process is detailed and requires the submission of an exhaustive list of 15 documents, including proof of residency, age verification, and details of previous relationships. The process can be completed either online through the official UCC portal (ucc.uk.gov.in) or offline at the district registrar’s office. Those opting for the online process must authenticate their identity using their Aadhaar card. Additionally, live-in partners must be at least 21 years old, and if either partner is below this age, their parents will be informed as part of the verification process.

A key aspect of the new law is the role of landlords in enforcing compliance. Landlords renting out properties to live-in couples are now legally obligated to verify their registration certificates before finalizing rental agreements. Any failure to comply with this requirement could lead to a fine of up to ₹20,000. The law explicitly states that the registration certificate must be attached as part of the rent agreement, ensuring that live-in relationships are formally recognized under legal provisions.

Furthermore, live-in partners must submit documents that verify their previous relationship status. If either individual has been divorced, they are required to provide a final decree of divorce or proof of dissolution of marriage. If a previous marriage was annulled, a final decree of nullity of marriage must be submitted. In cases where a partner is a widow or widower, a death certificate of the deceased spouse must be provided. If the person’s previous live-in partner has passed away, their death certificate must also be submitted.

The Uniform Civil Code also outlines strict prohibitions on certain relationships. A comprehensive list of 74 prohibited relationships has been defined, restricting individuals from entering live-in relationships with immediate family members such as parents, grandparents, siblings, and extended blood relatives like uncles, aunts, and certain in-laws. If a couple’s relationship falls within the prohibited category, they must obtain a special certificate issued by a community head or religious leader affirming the legitimacy of their relationship. The form for registration requires full details of the religious leader certifying the relationship, including their name, address, and contact information.

Additionally, the law mandates that live-in couples who have children—whether biological or adopted—must furnish the relevant birth or adoption certificates. This ensures the child’s status is legally recognized, preventing future disputes over legitimacy.

The financial implications of registration include a mandatory fee of ₹500, with an additional penalty of ₹1,000 for couples who fail to register within one month of entering into a live-in relationship. Moreover, in the event of a separation, termination of the relationship must also be officially registered with the authorities, incurring an additional ₹500 fee.

Despite the stringent rules, the UCC also provides legal safeguards for live-in partners. One of the most significant provisions is that women in registered live-in relationships will be entitled to seek maintenance in case of abandonment, similar to the rights granted under marriage laws. Additionally, children born out of registered live-in relationships will be granted full legitimacy under the law, ensuring they have access to rights such as inheritance and social security benefits.

The registration process itself is subject to approval by the registrar, who is required to either approve or deny applications within 30 days. If an application is rejected, the affected individuals have the right to file an appeal to contest the decision. This process ensures that registrations are thoroughly reviewed while also providing applicants with a mechanism to challenge any unjust denials.

The introduction of these regulations marks a significant shift in India’s legal landscape concerning live-in relationships. While some view it as a progressive step toward providing legal protections and social security for partners in live-in arrangements, others have raised concerns over privacy and bureaucratic hurdles. Nevertheless, Uttarakhand's UCC has set a precedent that may influence similar legislative efforts in other states, making it a landmark development in the evolution of India’s personal laws.


 

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