Uttarakhand UCC Bill Mandates Registration Of Live-In Relationship Within One Month Of Entering Into Relationship

One of the crucial changes proposed by the instant Bill is the mandatory registration of live-in relationships. The registration is supposed to be made to the registrar within one month from the “date of entering the relationship.” Notably, on failure to do so, the Bill also prescribes punishment of 3 months of maximum imprisonment or a fine up ₹10,000 or both.

At the outset, the Bill defines a live-in relationship as one between a man and a woman who cohabit in a shared household through a relationship in the nature of marriage, provided that such relations are not prohibited.

Section 378 of the Bill makes it obligatory for the parties in a live-in relationship who are residing in the State to submit 'a statement of the live-in relationship' to the registrar within whose jurisdiction the couples are living.

Apart from this, the residents of Uttarakhand who are in a live-in relationships outside the State have the option of giving this statement to the registrar of their respective jurisdictions.

Summary Inquiry To Be Conducted By The Registrar

Under Section 381, the Registrar shall examine the contents of the Statement provided by the Couples and conduct a summary inquiry. This inquiry will essentially, among other things, also look into whether one of the partners is married or already in a live-in relationship, whether any of the partners is aminor, or whether the consent is free or obtained by force, coercion, undue influence or misrepresentation about identity.

Further, Sub-clause 3 of Section 381 also entitles the registrar to summon the partners/persons or any other person for verification and require the partners/persons to supply additional information or evidence for inquiry.

Registrar Can Also Refuse To Register The Relationship

Imperatively, the registrar also has the power to refuse the registration of such a relationship. In such case, the registrar is required to inform the reasons in writing.

Section 381(4) gives the registrar two options. The registrar, within thirty days of the receipt of the statement of live-in relationship, will either:

“(a) 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.”

According to the Bill, incorporating such a statement in a prescribed register is only 'for the purposes of record' (Section 382).

Besides, it may be noted that the Registrar shall inform the local police station and the parents/guardian if any of the parties of the live-in relationship is aged less than 21 years.

Provisions For Maintenance And Child

The Bill also mandates the payment of maintenance, similar to marriage, in the case of a woman in a live-in relationship being deserted by her partner.

“Section 388: If a woman gets deserted by her live-in partner, she shall be entitled to claim maintenance from her live-in partner for which she may approach the competent Court having jurisdiction over the place where they last cohabited, and in such a case the provisions contained in Chapter 5, Part -1 of this Code shall mutatis-mutandis apply.”

The Bill also states that the Child of a live-in relationship shall be legitimate (Section 379).

Last year, the Supreme Court had dismissed a PIL seeking mandatory registration of live-in relationships.