Live-in couples will have to register their relationship with district officials or face jail once the Uttarakhand government implements the Uniform Civil Code (UCC).
Section 378 of the UCC bill makes it obligatory for the man and woman, who are living in the state, regardless of whether they are residents of Uttarakhand or not, to submit a “statement of the live-in relationship” to the registrar concerned.
If the couple is living outside, the residents of Uttarakhand will have to submit a status of their live-relationship to the registrar within their jurisdiction.
The bill, which will become a common law, is applicable to all religions and communities in matters related to marriage, divorce, inheritance, property and adoption.
But what if you don’t want to register yourself as a live-in couple?
The legislation says a delay of even month in registration or furnishing false information would attract a jail term up to six months and a fine of Rs 25,000.
Authorities can issue a notice to the couple on their own or based on a complaint for not registering their relationship.
Imperatively, the registrar can also refuse to register the relationship, in which case, he has to submit the reasons in writing. Section 381(4) gives the registrar two options:
“(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.”
The registrar shall inform the local police station and the parents or guardian if any of the parties of the live-in relationship is less than 21 years of age.
What Inquiry will be conducted against the Couple?
The Registrar will examine the statement submitted by the couple, and conduct a summary inquiry, which will look into whether one of the partners is married or already in a live-in relationship, whether any of the partner is a minor, or whether the consent has been obtained through force or under influence.
The sub-clause 3 of Section 381 entitles the registrar to summon the couple for additional details or verification.
Maintenance of Child
According to the legislation, children born out of the live-in relationship “shall be legitimate”, and the child will enjoy same rights and benefits as from a legally wedded parents.
The bill also mandates payment of maintenance, similar to marriage, in case the woman is deserted by her partner in a live-in relationship.
“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.”
What if the Couple Want to End the relationship?
In that case, they will have to give a notice to the other party and the Registrar to ensure that the termination of the relationship is formalised and recognised by the authorities.
Supreme Court on Live-in Relationships
The court has held that living together as partners without marriage is not legal or a criminal offence. Live-in partners may not have the same legal rights as the married couple, but will have legal protection under certain laws.
For example, partners in a live-in relationship cannot inherit each other’s property, and they may not have a right to maintenance in case of a separation.
Certain protection for a live-in couple includes protection of women from domestic violence. A woman in a live-in relationship can approach the court for protection under Domestic Violence Act.
The Supreme Court had held in 2015 that a woman who has been in a live-in relationship for a long time should be entitled to maintenance from her partner after separation even though it is not recognised as marriage under Indian law.
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