U'khand govt tables UCC bill; unregistered live-in, halala made punishable

U’khand govt tables UCC bill; unregistered live-in, halala made punishable

The Uttarakhand government on Tuesday tabled the contentious Uniform Civil Code Bill with provisions to pronounce polygamy, ‘halala’ and unregistered live-in relations as illegal and punishable acts.

The Uniform Civil Code, 2024 reads, “A bill to govern and regulate the laws relating to marriage and divorce, succession, live-in relations and the matters related thereto.”

The Bill categorically states that a marriage may be solemnized between a man and a woman only if “neither party has a spouse living at the time of the marriage”.

With regard to halala, it says, “The right to remarry under sub-section (1) includes the right to remarry the divorced spouse without any condition, such as marrying a third person before such.” Nikah halala is a practice in Islam in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband.

On divorce, the Bill further says both women and men have equal rights and grounds to nullify the conjugal relation or apply for divorce. However, it says a marriage must run minimum for a year before divorce petition is filed in the court.

“No petition for divorce shall be presented to the court unless at the date of the presentation of the petition, one year has elapsed since the date of marriage. A couple must undergo separation period of minimum two years before taking to judicial recourse to the divorce.

“Divorce can also be granted if other party had voluntary sexual intercourse with any person other than the petitioner or converted to another religion to which the petitioner belonged,” it says.

The Uniform Civil Code (UCC) Bill also advocates for making live-in relations legal and punishable on violation of norms. It says submitting statements by partners to a live-in relation under the given format will be mandatory once the bill is enacted.

“It shall be obligatory for partners to a live-in relationship within the state, whether they are the residents of Uttarakhand or not, to submit a statement of live-in relationship under suB-section (1) of section 381 to the registrar,” it says.

The bill also states that a child born out of live-in relationship will be the legitimate child of the couple.

The bill also ingrains penal provisions for couples maintaining live-in relations as it speaks for three months imprisonment or fine of Rs 10,000 if the statement is not submitted by them within one month of their stay. If they made averments in their statements, fine imposition may be increased to Rs 25,000. Those who fail to submit statements even after one month will be liable for six months imprisonment along with a fine of Rs 25,000, it adds.