The Uniform Civil Code (UCC) successful Uttarakhand stipulates a live-in mates to get the support of spiritual leaders and the registrar if the mates is successful “degrees of prohibited relationship”.
The UCC Act mentions 74 specified relationships, 37 each for men and women with whom they cannot wed oregon beryllium successful a live-in narration unless they person support from the spiritual leaders. However, if the registrar “concludes” that specified a narration is against nationalist morality oregon their customs don’t licence marriage, helium tin cull specified registrations.
Even though the registration sought pertains to live-in relationships, the mates should taxable “proof of permissibility of matrimony if they are wrong the degrees of prohibited relationship”.
How does the UCC Act 2024 specify live-in relationships?
The Uttarakhand UCC defines a live-in narration arsenic a narration betwixt a antheral and a woman, “who cohabit successful a shared household done a narration successful the quality of marriage.”
The word “shared household” is defined arsenic 1 “where a antheral and a woman, not being minors, unrecorded nether 1 extortion successful a rented accommodation oregon successful a location owned jointly oregon by immoderate 1 of them oregon immoderate different accommodation.”
Effectively a live-in narration nether the Act refers to the cohabitation by a antheral and a pistillate big managing a household, taxable to exceptions.
And what are the prohibited relationships nether the Act?
According to conception 3 of the Act, “degrees of prohibited relationships” means a antheral and immoderate persons mentioned successful List 1 of Schedule 1 and a pistillate and immoderate persons mentioned successful List 2 of the aforesaid docket are wrong the degrees of prohibited relationship.
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A antheral successful Uttarakhand and his archetypal relative oregon girl of his maternal and paternal uncle/aunt are “within degrees of prohibited relationships”. Similarly, a pistillate from the authorities and her archetypal relative from some sides of the family, that is the lad of maternal and paternal uncle/aunt are besides wrong this category.
Similarly, a pistillate cannot beryllium successful a narration oregon wed relatives similar her great-grandfather, step-great-grandfather, daughter’s son’s daughter’s husband, nephew, oregon uncle, unless she has the support from the spiritual leader.
How does the UCC Act modulate specified relationships?
While Form 3 of UCC rules for registration of live-in couples, applicants are asked if they autumn wrong degrees of specified relationships. If they do, they are asked if their customs licence matrimony betwixt the couple. They past request to connect a certificate issued by the spiritual leader/community caput certifying that the customs and usage of the party(ies) licence specified a marriage. They besides request to taxable the sanction of the aforementioned spiritual leader, their address, mobile fig and email ID.
In the adjacent stage, erstwhile the registrar gets this certificate, helium is required to behaviour a summary inquiry. “The registrar shall verify from her/his ain sources oregon from assemblage heads oregon from spiritual leaders whether the customs and usage really licence matrimony betwixt a pistillate and a antheral having identical relationship. If the registrar comes to the conclusion…(they) bash not licence matrimony betwixt the registrants, she/he shall garbage to registry the live-in relationship,” the rules state.
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Rule 3 (u) besides defines who qualifies to beryllium a spiritual person “in narration to a community… a clergyman of the spot of worship of that assemblage oregon an bureau bearer of the spiritual assemblage pertaining to that community”.
Manu Gaur, a subordinate of the UCC Rules Framing Committee said that a spiritual certificate verifying the narration volition lone beryllium required successful cases wherever the partners person a pre-existing narration that falls nether the prohibited class mentioned successful Schedule 1. “In Uttarakhand, marriages successful specified relationships are highly rare. This means that little than 1% of UCC registrations successful the authorities volition necessitate specified a certificate. Communities wherever marriages wrong the prohibited class hap tin inactive registry their narration by providing a spiritual certificate,” helium said.