The government of Uttarakhand has officially introduced the Uniform Civil Code (UCC), marking a significant step towards the standardisation of personal laws.
This legislation aims to provide clear legal provisions for marital matters while safeguarding individual rights and promoting social harmony.
The UCC applies to all residents of Uttarakhand, including those living outside the state. However, it excludes Scheduled Tribes, as specified under Articles 342 and 366(25) of the Constitution, and certain protected communities under Part XXI.
This act simplifies legal processes related to marriage, divorce, succession, and inheritance. It includes provisions to ensure marriages are solemnised in a manner that upholds the principles of equity and legality.
Marriages may only take place between individuals who meet specific criteria: neither party can have a living spouse, both must be mentally capable of providing consent, the man must be at least 21 years old, and the woman must be at least 18 years old.
Additionally, the parties must not be within prohibited relationships.
Marriages can be conducted under religious customs or legal provisions, but registration is mandatory within 60 days of solemnisation.
For marriages that occurred between 26 March 2010 and the implementation of the UCC, registration must be completed within six months.
Those already registered under previous laws need not register again but must acknowledge their earlier registration.
Marriages predating March 2010 or conducted outside Uttarakhand can also be registered within six months, provided the parties meet the eligibility criteria and have been living together.
Although this is not compulsory, it ensures compliance with the Act.
The Act specifies a clear process for marriage registration. Applications are reviewed by a sub-registrar, who must make a decision within 15 days. If no decision is made, the application is automatically forwarded to the registrar.
In cases of acknowledgment, applications are deemed accepted after the same period. An appeals process is also in place for rejected applications.
False information during registration attracts penalties, but marriages will not be considered invalid solely due to non-registration. Registrations can be completed online or offline for convenience.
The Uttarakhand government will appoint a registrar general and sub-registrars to oversee and maintain records. These officials will ensure that both new and previously solemnised marriages are legally recognised.
Follow us
