Uttarakhand Uniform Civil Code: Chief Minister Pushkar Singh Dhami on Tuesday tabled the Uniform Civl Code (UCC) Bill in the legislative Assembly because the invoice was taken up for the dialogue. The Bharatiya Janata Party (BJP) welcomed the tabling of the UCC Bill, saying the Dhami authorities underneath the management of Prime Minister Narendra Modi is fulfilling the promise made by “our ancestors”. UCC is an element of the “constitutional vision”, BJP nationwide spokesperson Nalin Kohli asserted. The invoice proposes a typical legislation on marriage, divorce, land, property and inheritance for all residents, irrespective of their faith in Uttarakhand, excluding the Scheduled Tribes. Let’s check out some key features of the Bill.
Conditions for Solemnizing/Contracting Marriage Conditions for marriage
A wedding could also be solemnized (official spiritual ceremony)/contracted between a person and a girl, if:
- Neither celebration has a partner residing on the time of the wedding;
At the time of the wedding, neither celebration:
- Is incapable of giving legitimate consent in consequence of unsoundness of thoughts; or
- although succesful of giving legitimate consent, has been affected by a psychological dysfunction of such a sort or to such an extent in order to be unfit for marriage; or
- Has been topic to recurrent assaults of madness;
- The man has accomplished the age of twenty-one years and the lady the age of eighteen years;
- The events are usually not inside the levels of prohibited relationship, until the customized or utilization governing one of them permits marriage between the 2;
- Provided that such customs and utilization are usually not towards the general public coverage and morality;
- The marriage isn’t prohibited underneath any legislation in power.
Ceremonies for marriage
Marriage could also be solemnized/contracted between a person and a girl in accordance with the spiritual beliefs, practices, customary rites and ceremonies together with however not restricted to “Saptapadi”, “Ashirvad”, “Nikah”, “Holy Union”, “Anand Karaj” underneath The Anand Marriage Act 1909 in addition to underneath, however not restricted to, The Special Marriage Act, 1954 and Arya Marriage Validation Act, 1937.
Registration of Marriage and Divorce
- Compulsory registration of marriage solemnized/contracted after the graduation of the UCC.
- The registration should be carried out inside 60 days of the wedding.
- A wedding solemnized/contracted in the State or outdoors the territory thereof, after the graduation of this Code, the place at the very least one celebration to the wedding is a resident of the State, shall be registered.
Registration of marriage solemnized/contracted earlier than the graduation of the Code:
- Any marriage solemnized/contracted in the State between 26.03.2010′ and the date of graduation of this Code (UCC), the place at the very least one celebration to the wedding was/is a resident of the State on the time of the wedding/registration, shall be registered.
- Provided that no marriage registered underneath the Uttarakhand Compulsory Registration of Marriage Act, 2010 (Uttarakhand Act No. 19 of 2010) shall be required to be registered once more underneath this sub-section.
- Any marriage solemnized/contracted in the State earlier than 26.03.2010 or outdoors the State earlier than the graduation of the Code, the place at the very least one celebration to the wedding was/is a resident of the State on the time of the wedding/registration, could also be registered.
Period and process for registration of marriage
- In case of a wedding solemnized/contracted in the State or outdoors the territory thereof after the graduation of UCC, for which registration is required underneath part 6, the events to the wedding shall put together and signal a memorandum in the shape prescribed by the State Government and ship it electronically or in any other case inside a interval of sixty days from the date of marriage.
- Registration is required, in case of a wedding solemnized/contracted in the State, to the Sub-Registrar inside whose jurisdiction the wedding was solemnized/contracted or both of the events to the wedding resides.
- Registration is required in case of a wedding solemnized/contracted outdoors the Statc, to the Sub-Registrar inside whose jurisdiction both of the events resides in the State.
Void Marriages
Any marriage solemnized/contracted after the graduation of this Code shall be null and void:
- The marriage has not been consummated owing to the impotence or wilful refusal of the respondent; or
- That the consent of the petitioner was obtained by power, coercion or fraud; or
- That the spouse was on the time of the wedding pregnant by a person aside from the husband or that the husband had on the time of the wedding impregnated a girl aside from the spouse.
Divorce
- A pair, legally married, could method the courtroom and file for divorce if:
- After the solemnization/contracting of the wedding, had voluntary sexual activity with any individual aside from the petitioner; or
- Treated the petitioner with cruelty
- Deserted the petitioner for a steady interval of not lower than two years instantly previous the presentation of the petition (In this clause, the expression “desertion” means the desertion of the petitioner by the opposite celebration to the wedding, with out affordable trigger).
Grounds for divorce
- Men, girls in any marriage solemnized/contracted can method the courtroom to file for divorce on grounds:
- Adultery, Mental or bodily creuelty by partner
- Desertion with none affordable trigger
- Religious conversion by the Spouse
- Unsoundness of thoughts, venereal illnesses, and so on
- A lady can file for divorce if the husband has been discovered responsible of rape
- If a husband has been discovered responsible of unnatural intercourse or has greater than two spouse
- One can’t file for divorce in lower than one 12 months of their marriage, however distinctive instances wil be entertained.
Registration of decree of divorce or nullity handed after the graduation of UCC
- Any decree of divorce or nullity of marriage handed after the graduation of this Code by any Court in the State shall be registered.
- Any decree of divorce or nullity of marriage handed after the graduation of this Code by any courtroom outdoors the State, the place at the very least one celebration to the decree is a resident of the State, shall be registered.
Registration of decree of divorce or nullity handed earlier than the graduation of UCC
- Any decree of divorce or nuility of marriage handed by any courtroom in the State, earlier than the graduation of this Code, could also be registered.
- Any decree of divorce or nullity of marriage handed by any courtroom outdoors the State, earlier than the graduation of this Code, the place at the very least one celebration to the decree is a resident of the State, could also be registered.
Live-in relationships
- Live-in companions must register themselves with district officers or face imprisonment underneath the state’s Uniform Civil Code, as soon as it turns into a legislation.
- Live-in relationships in which at the very least one companion is a minor won’t be registered.
- If any of the companions is underneath the age of 21, the registrar will inform their mother and father or guardians, in response to the invoice.
- Live-in relationships, the place the consent of one of the companions was obtained by power, coercion, undue affect, misrepresentation or fraud in regards to the id of the opposite companion, can even not be registered.
- Anyone staying in a live-in relationship for greater than a month with out getting it registered might be punishable with an imprisonment as much as three months or a wonderful of as much as Rs 10,000 or each, the invoice says.
- A better wonderful aside from an imprisonment of as much as three months will be imposed on any one that supplies false info in his or her assertion on a live-in relationship to the Registrar.
- If a girl in a live-in relationship will get abandoned by her companion, she might be entitled to assert upkeep from him for which she could method a reliable courtroom having jurisdiction over the place the place they final cohabited, the invoice states.
- The invoice proposes a typical legislation on marriage, divorce, land, property and inheritance for all residents irrespective of their faith in Uttarakhand, excluding the Scheduled Tribes.
The Uniform Civil Code invoice, which when handed would be the first such laws to be applied in any state after Independence.
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