Dehradun:

A religious certificate from clergy members will be required at the time of registering a live-in relationship only if the partners have a pre-existing relation falling under the prohibited category, the panel that framed the rules for the implementation of UCC in Uttarakhand said on Thursday.

Uttarakhand became India’s first state to implement a Uniform Civil Code (UCC) on January 27.

“Some media reports have raised concern that a religious certificate from clergy members will be required for every live-in relationship registration. It will be required only in cases where the marriage between partners is prohibited. Such relationships have been clearly specified in Schedule 01 of the Code,” member of the rules drafting committee Manu Gaur said.

In Uttarakhand, such marriages are extremely rare. This means that less than 1 per cent of UCC registrations in the state will require such a certificate. Communities, where marriages within the prohibited category occur, can still register their relationship by providing a religious certificate, Mr Gaur said.

Thus, the purpose of this requirement is not to restrict registrations but to assist applicants in completing the process, Mr Gaur said. The format of the religious certificate has also been clearly defined in the UCC rules.

Under the UCC, only four documents including proof of residence, date of birth, Aadhaar and rental agreement documents are required at the time of live-in registration, he said.

Additionally, individuals who have been divorced must present a legal divorce decree, while those whose previous spouse has passed away or whose prior live-in relationship has ended must provide relevant documents at the time of registration.

Mr Gaur clarified that under the UCC, any individual who has been living in Uttarakhand for one year is eligible for registration.

This residency period is unrelated to permanent or native residency status. Many people from other states reside in Uttarakhand and availing benefit from government schemes. Now, only those who register under the UCC will be able to access these government services, thereby reducing the strain on Uttarakhand’s resources, he said.

If the UCC is applied only to native and permanent residents, many people from other states would be excluded from its coverage, he said.

They could marry in other states while benefiting from government schemes here. Moreover, the definition of “resident” in the UCC Act is specific to matters related to the UCC and includes five different categories.

Its objective is to ensure that all residents of Uttarakhand have access to UCC registration while also enriching the government’s database. This process is similar to voter ID registration and is not linked to permanent or native residency.

Mr Gaur also gave a clarification on the registration form’s length, stating that while it is 16 pages long due to various available options, filling it out online takes only five to ten minutes.

Since the form is designed to be foolproof, it has been kept comprehensive. Even offline, it can be completed within 30 minutes. When registering online, Aadhaar details will automatically populate the form, making the process more convenient, he said.

The UCC gives priority to the protection of personal rights and regulates the laws on marriage, divorce, inheritance, and live-in relationships, among others.

It applies to all residents of the state irrespective of their religion and bans polygamy and child marriage.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)

Jaipur:

A single-judge bench of the Rajasthan High Court has directed the state government to launch a web portal to register live-in relationships.

Hearing a bunch of pleas filed by several live-in couples seeking protection, Justice Annop Kumar Dhand observed that till such a law is enacted, live-in-relationships must be registered with a competent authority/tribunal.

“Several couples are residing in a ‘live-in’ relationship and are facing threat and danger from their families and the society for non-acceptance of their relationship status. Hence, they are approaching the courts by way of filing writ petitions under Article 226 of the Constitution, seeking protection under Article 21. As a result, courts are inundated with such petitions,” the bench noted.

Stressing the necessity to regulate live-in relationships which the court termed “unique”, the bench said, “The idea of live-in relationship may seem to be unique and appealing, but in reality the problems likely to arise are many, and challenging. The status of a woman in such a relationship is not that of a wife, and lacks social approval or sanctity.” The bench noted that the live-in-relationship agreement is liable to be registered by a competent authority/tribunal, which is required to be established by the government.

“Till the enactment of an appropriate legislation by the government, let a competent authority be established in each district to look into the matter of registering live-in-relationships, who will address and redress the grievances of such partners/couples who have entered into such a relationship and the children being born out therefrom.

“Let a website or web portal be launched in this regard for the redressal of the issue arising out of such a relationship,” the bench said.

The bench directed that a copy of the order be sent to the chief secretary, principal secretary, department of law and justice, as well as to the secretary, department of justice and social welfare, New Delhi, to look into the matter and do the needful.

“They are further directed to send a compliance report to this court on or before 01.03.2025 and apprise this court about the steps being taken by them,” the bench said.

The court also referred to a larger bench of the high court to decide if married persons opting for live-in relationships without dissolving their marriage are entitled to seek protection order from the court.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

The Delhi High Court has held that Indian law, including the Delhi Prison Rules, does not permit the grant of parole to a convict solely for the purpose of maintaining a conjugal relationship with a live-in partner, especially when the convict is already legally married.

Justice Swarana Kanta Sharma said that parole cannot be granted to a convict on grounds of having a child or maintaining conjugal relationships with a live-in partner when the convict has a legally wedded wife and children born from that marriage.

Granting such parole, the court cautioned, would set a detrimental precedent.

The court’s observations came while dismissing a plea by a murder convict seeking parole to consummate his marriage with his live-in partner and to maintain social ties. The convict failed to disclose his existing marriage and children from his first marriage.

Justice Sharma said that a live-in partner, lacking legal recognition as a spouse, does not fall within the scope of the definition of “family” under the Delhi Prison Rules, which include grandparents, parents, siblings, spouse, children, and grandchildren.

While acknowledging the personal choices and relationships of individuals, the court clarified that it doesn’t interfere in the personal lives of adults unless there are criminal complaints. However, when such matters come before the court seeking legal relief, decisions are made based on existing laws and prison rules, devoid of personal or societal morality, it added.
 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)