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Uttarakhand becomes first State to implement Uniform Civil Code

UCC Rules

On 27-1-2025, the Government of Uttarakhand published Uniform Civil Code (‘UCC’) Rules Uttarakhand, 2025 to create a unified legal framework for laws related to marriage, divorce, inheritance, adoption and succession.

Key Points:

  1. These rules apply to:

    • Whole State of Uttarakhand;

    • Residents of Uttarakhand who reside outside the territory;

    • In cases relating to Marriage, Divorce, Matrimonial Disputes & Incidental matters, Live-in-Relationships- applicable to partners of the residents who are foreign nationals.

    Exception- not applicable to members of Scheduled Tribes.

  2. Registrar General will have the following duties in case of Registration of marriage/ acknowledgement of registered marriage/ registration of decree/ nullity of marriage:

    • In case where Registrar fails to act within 3 days of receipt of memorandum it will automatically be forwarded to Registrar General.

    • A summary inquiry will be conducted by the Registrar General within 15 days and if a memorandum has been submitted under Accelerated Service (Tatkal Sewa), then within 3 days.

    • Registrar General will decide appeals against an order passed by a Registrar within 60 days from filing of appeal.

  3. Registrar General will have the following duties in case of declaration of Legal heir/ Testamentary Succession:

    • The application for declaration will be automatically forwarded to Registrar General for summary inquiry in case the Registrar fails to act within 15 days of receipt.

    • Registrar General will conduct a summary inquiry within 15 days of receipt of the forwarded application.

    • Appeals will decide by the Registrar General within 60 days from filing of appeal.

    • 3 days notice will be given to the declarant in case the Registrar General is of the view that the declarant should be given an opportunity of hearing.

  4. Registrar General will have the following duties in case of Registration of live-in-relationship:

    • The statement of live-in-relationship will be automatically forwarded to Registrar General for summary inquiry in case the Registrar fails to act within 30 days of receipt.

    • The inquiry will be conducted within 30 days of receipt of the forwarded application.

  5. Registrar General will have the following duties in case of Termination of live-in-relationship-

    • Statement of termination will be forwarded to Registrar General for summary inquiry in case the Registrar fails to act within 15 days of receipt.

    • The inquiry will be conducted within 15 days of receipt of the forwarded application.

  6. Grounds on which registration of live-in-relationship can be rejected by the Registrar:

    • Registrants fall within the degrees of prohibited relationship;

    • One or both registrants are already married;

    • One or both registrants are already in a live-in-relationship with a 3rd person;

    • One or both registrants are minor;

    • Consent of one of the registrants was obtained by force/ coercion/ undue influence/ misrepresentation/ fraud;

    • Averment made is false and about which the registrant knows.

  7. Provisional Registration Certificate of live-in-relationship:

    • It will be valid for 30 days from the date of issuance;

    • Its validity can be extended for another 15 days if the registrants are unable to find an accommodation within 30 days;

    • Request for extension should be made before the expiry of the certificate.

  8. The following steps will be taken by the Registrar once he receives the statement of termination of live-in-relationship:

    • Conduct a summary inquiry;

    • Contact the woman live-in-partner and find:

      ✓ If she is pregnant;

      ✓ Details of child/ children if any were born of the live-in-relationship;

      ✓ If any child/ children were adopted with the concurrence of both live-in-partners.

      ✓ Inform the parents of the partner/ partner if they are minors.

  9. Registration of Marriage:

    • Marriage has to be registered under these rules if not previously registered.

    • For marriages already registered, due verification will be done, and acknowledgement certificate will be issued.

    • Marriages will be classified in 3:

      ✓ Marriage solemnized before 26-3-2010- date on which Uttarakhand Compulsory Registration of Marriage Act, 2010 was notified.

      ✓ Marriage solemnized between 26-3-2010 and the date of commencement of the Code.

      ✓ Marriage solemnized/ contracted after commencement of UCC.

    • Polygamous Marriage:

      ✓ If polygamy was permitted and marriages were solemnized/ contracted before the commencement of UCC and all marriages were unregistered/ registered- registrants will have to submit the details of all spouses and all the marriages including the details of ceremonies performed for registration.

      ✓ In case, one or more of the marriages were unregistered with one or more being registered- details of the spouses and all the marriages including details of marriage ceremonies performed for registration will have to be submitted by the registrants.

  10. Intestate/ Testamentary succession:

    • The estate of an intestate will be dissolved in accordance with UCC.

    • Declaration of Legal Heir-

      ✓ Any person who is not a minor and is of sound mind can make a declaration regarding his/her legal heir.

      ✓ The following information needs to be declared- Type of declarant/ Details of declarant/ jurisdictional Sub- Registrar/ details of legal heir/ details of witnesses/ supporting documents/ proof of relationship/ photographs.

    • A testator or a person authorized to register a Will/Codicil, can register it by online registration process.

    • A statement for revocation of previously registered Will/Codicil, or a statement for revival of previously revoked Will/Codicil, or declaration of previously registered Will/Codicil as her/his last Will/Codicil, or declaration of previously registered statement for revocation/revival of Will/Codicil as her/his last statement for revocation/revival of Will/Codicil will be registered only by the testator by online registration process.

    • A person entitled to register a testamentary statement/document can apply for registration in one of the following ways —

      ✓ By filling out the detailed form available on the Web portal/Mobile App of the Code;

      ✓ By uploading a signed copy of the handwritten or typed testamentary statement/document;

      ✓ By recording and uploading a self-video of not more than 3 minutes’ duration and stating the contents of the testamentary statement/document on the Web portal/Mobile App of the Code.

  11. Live-in-relationship:

    • Registration of Live-in Relationship: Classification:

      ✓ Partners already in a live-in relationship on the date of commencement of the UCC

      ✓ Persons intending to enter into a live-in relationship on or after the date of commencement of the UCC

    • Registration of partners already in a live-in-relationship and have a shared household will get a certificate issued subject to the outcome of a summary inquiry.

    • Registration of partners who intend to enter a live-in- relationship:

      ✓ Partners who already have an accommodation- certificate can be issued subject to the outcome of a summary inquiry.

      ✓ Partners who do not have an accommodation that can be used as a shared household and are intending to enter into a live-in relationship-

      • Provisional certificate will be issued;

      • Registrants will have to present the proof of the accommodation to be used as their shared household within 30 days or within 45 days from the issuance of the provisional registration certificate;

      • Later, Registration certificate will be issued subject to the outcome of a summary inquiry.

    • Termination of Live-in Relationship:

      ✓ Can be done offline/online;

      ✓ Partners will have to submit their statement of termination of live-in relationship along with the fee prescribed;

      ✓ If, at the time of submission of statement, the woman live-in partner is pregnant, it will be obligatory to inform the Registrar about the same;

      ✓ If, a child is born after the termination of their live-in relationship, the same have to be updated within 30 days from the date of issuance of the birth certificate of the child by the woman live-in partner.

    • Rights of Live-in-Partners:

      ✓ In case of inaction by the Registrar, partners can register an online complaint against him to the Registrar General;

      ✓ Appeal against the orders of the Registrar can be filed before the Registrar General within 30 days.

  12. In case a person has filed a false complaint, the complainant will be cautioned and warned to be careful in future. In case the same person files another complaint, which is found to be false, she/he will be liable to pay a penalty/fine as determined by the State Government.

  13. It is mandatory for a person who is married/ divorcee/ widower to get her/ his marriage registered/ acknowledged for availing benefits under the schemes, services and subsidies as notified by the State Government after 6 months from the commencement of UCC.

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