Uttarakhand’s uniform civil code that went into effect on Monday makes it mandatory for couples in live-in relationships to obtain registrations – a process that requires them to give a long list of documents to the state government. This includes their Aadhaar cards, details of previous marital relationships or live-in relationships being terminated and the name and contact of their landlord.
If they fall within the “degrees of prohibited relationships” under the state’s uniform civil code, which means if they are related by blood, they must get a certificate from a religious leader stating that they are eligible to marry.
Landlords are barred from renting their premises to couples who do not register their live-in relationships. Such couples will face imprisonment of up to three months and a fine up to Rs 10,000 under the code.
The state government also has the power to reject a plea to live in.
Scroll explains how live-in relationships are to be registered in the state.
Documentary requirements
Couples can register their relationships even if they are not yet living together but intend to. This may be done online on the newly-launched Uttarakhand Uniform Civil Code services registration portal or offline, by submitting a 16-page form, along with supporting documents to the registrar for the area.
Under the code, depending on the area, the sub-divisional magistrate, the municipal commissioner, the chief executive officer of a cantonment board or any officer appointed by them may be the registrar.
Both partners must furnish an extensive set of documents. These include their photographs, their income tax Permanent Account Number, Aadhaar linked to their phone number and proof of residence or domicile in the state.
Relationship history
The partners must provide proof of previous marital or live-in relationships, if any. For previous marriages, the partner must provide evidence of divorce or annulment through the decree or certificate number and other specific details of the divorce or annulment. In case of previous live-in relationships, they must provide a termination number. If a former spouse or live-in partner has died, their death certificate must be attached with the application.
This is also necessary for registering marriages under the code.
If either of the partners is between 18 and 21 years of age, they must furnish the Aadhaar-linked phone number and address of each of their parents or legal guardians. The registrar must inform the parents or guardians about the relationship being registered, as well as if it gets terminated.
Housing details
If the partners have already been living together, they must share proof of their shared household. This is limited to the last electricity or water bill. If they are living in rented premises, they must share the full name and contact number of the landlord and a copy of the rent agreement. As per the Uniform Civil Code Rules, the registrar will contact the landlord while verifying the application information.
In case the partners are not yet living together, they must apply for a provisional certificate. Such a certificate has the same documentary requirements as the final certificate, though without proof required to demonstrate the “shared household”.
Once the provisional certificate is granted, the couple must find accommodation within the next 30 days, extendable by 15 days. They must then apply for final registration with proof of those premises.
The rules stipulate that a landlord must ask for a provisional or final registration certificate when leasing out a property to a live-in couple. This certificate will form a part of the rent agreement. Failing to do so will lead to a penalty for the landlord that the government will notify. It has not yet done so.
Couples seeking to register their marriages are not required to share proof of a “shared household”.
The live-in couple must also provide details and the birth or adoption certificate of their children, if any.
Certificate approving ‘prohibited relationship’
If the couple is within degrees of prohibited relationships, they must get approval from a religious leader certifying that they are eligible to marry.
The term “degrees of prohibited relationships” is borrowed from the Hindu Marriage Act, 1955. The act prohibits marriages between two persons related lineally or by blood unless permitted by local or communal customs.
This requirement poses an additional hurdle for couples from minority religious backgrounds that are permitted to marry under the personal laws of their communities or even Hindu couples permitted by the local customs exception under the Hindu Marriage Act.
Registering marriages under the rules has a similar requirement.
Under the code, only unmarried, heterosexual couples may enter into live-in relationships.
Approval and termination
The registrar must approve or reject the live-in relationship registration application within 30 days of receiving it. Rejection could be due to false or incomplete information being provided or if the registrar concludes that one of the partners is in the relationship due to force, coercion, undue influence, misrepresentation or fraud.
A couple aggrieved by the rejection of their application may appeal before a Registrar General under the code.
The rules also provide for how a registered live-in relationship must be terminated. The process for this is simpler.
It may be done bilaterally by both partners or unilaterally by either of them.
They must provide the date, time and place of termination of the relationship, as well details of any children that the couple may have as well as whether the female partner is pregnant.
