Couples in Uttarakhand in a live-in relationship will now have to register themselves with the government by submitting their marital status including previous relationships if any, details on where they will live and a clearance from a religious head attesting the couple are eligible to marry should they wish to.
The couples will have to register themselves, either online or offline, before they start their relationship. Failure to register the live-in relationship will attract a six-month jail term. These rules apply to Uttarakhand residents living in or out of the state. These rules are also applicable to those couples who have a foreign partner. Schedule Tribes, who constitute 2.9 percent of the state population, are exempt.
The Uttarakhand government led by Pushkar Dhami cleared and rolled out the UCC rules earlier this month. The Rules, which will be effective from January 2 onwards, comes a year after the Uttarakhand assembly became the first state to pass the Act.
The UCC Act introduces uniformity in marriages, divorces, and inheritance across religions and for the first time – mandates registration of live-in relationships. The law brings in uniformity of marriage age and bans polygamy.
What are the rules to register a live-in relationship?
Couples intending to live together without marrying, will need Aadhar authentication to register themselves. They will be required to pay a registration fee and fill a 16-page form which need details like: “Aadhaar numbers, names, dates of birth, nationalities; category (General/SC/ OBC /Others); mobile numbers linked with Aadhaar and alternate mobile numbers; email IDs; present & permanent addresses; and proof(s) of residency (wherever applicable)”.
The couple will have to submit proof of previous relationships, if any, especially if they have been in a live-in relationship before. The intended couple will have to mention whether they are single, married, divorced, marriage annulled, broke up (terminated their relationship) or if their partner/spouse is deceased. The proof will be in the form of a decree of divorce/annulment, death certificate or a certificate of termination of relationship in case of a previous live-in relationship.
A registrar has the power to investigate the claims made by the couples and act accordingly if any of the submissions are suspect. Parents will be informed if either one or both of the intended couple are under the age of 21.
The couple will also have to submit a clearance certificate from an appropriate religious head/body permitting the relationship in the event the couple intend to marry and do not fall under any degree of a prohibited relationship.
The couple will also have to provide details on where they intend to live. If they plan to rent accommodation jointly, then the Registrar shall check the veracity of the details of landlord, copy of rent agreement and tenant verification number provided by the couple before issuing a ‘Registration Certificate of Live-in Relationship’.
A landlord cannot refuse tenancy or accommodation to a couple just because they are not married if they have a certificate/provisional certificate of live-in relationship. However, a landlord is also obligated to ask for a certificate before renting accommodation to a live-in couple.
Can a registrar refuse to register a live-in relationship?
A registrar may refuse to register a live-in relationship if the couple fall within the degrees of prohibited relationship and they would not be permitted to marry under the customs and laws of the land. The registrar may also refuse if one or both partners are minors; if one or both the couple is/are still married or is/are already in a live-in relationship with a third person; if it is proved that one of the registrants has been obtained by force, coercion, undue influence, misrepresentation, or fraud; or if any of the statements made in the declaration form are untrue.
In case of termination of live-in relationship
Live-in couples who break up must inform the registrar of the same who in turn will inform the local police station. On receipt of a joint statement of termination of a live-in relationship the Registrar, will issue a certificate of termination within 15 days to both partners.
If the statement is given by one partner only, then the registrar will inform the other partner of the same. The registrar will also conduct a probe the veracity of the reasons for the break-up as mentioned in the termination statement. If required, the government authority will speak with the woman live-in partner to find out if she is pregnant; and details if children are born or adopted in this relationship.