Uniform Civil Code, Uttarakhand, 2024, oversees laws concerning marriage, divorce, succession, live-in relationships, and related affairs in Uttarakhand. It applies to residents of Uttarakhand, including those residing outside the state’s borders, but excludes members of Scheduled Tribes protected under Articles 366(25) and 342 of the Indian Constitution.
Marriage and Divorce
As per this Act, only monogamous marriages are permitted, with the man and woman being at least 21 and 18 years old respectively. Polygamy and child marriage are prohibited in the state under this legislation. However, the bill respects customs, allowing individuals to marry according to their religious beliefs and practices.
Furthermore, the Act stipulates that all marriages in the state between March 26, 2010, and the date of commencement must be registered. Those who have already registered their marriages need not do so again.
In the event of a divorce or annulment decree, both parties or either one must complete and sign a document in the specified format determined by the state government. This document should be delivered to the authority under whose jurisdiction the marriage was solemnized or where either party to the decree resides. If a divorced individual wishes to remarry, they are free to do so without being obligated to marry any third person. This act ensures that marriages can only be dissolved in accordance with the provisions outlined within it. Dissolution of marriage due to any custom, tradition, personal law, or usage is not recognised; proper proceedings as outlined in the act must be followed.
A marriage may be declared null and void if it falls under conditions such as underage or polygamy, but any children from such a marriage will be considered legitimate.
The government will appoint a Registrar General for the state and sub-registrars for different areas who will be responsible for maintaining marriage and divorce registers.
If a couple fails to register their marriage within 60 days of the ceremony, they will face a fine of 10,000 rupees. However, their marriage will not be invalidated solely due to the lack of registration. If the man and woman have not reached the age of 21 and 18 respectively, they are violating laws, leading to a punishable offense of up to six months imprisonment and a
maximum fine of 50,000 rupees. Divorce outside the provisions outlined in the Act can result in a punishable offense of up to 3 years imprisonment. In the case of remarriage after divorce, individuals are free to marry without being compelled to marry a third person. Any coercion towards such marriages, like Halala, will be punishable with up to 3 years imprisonment and a fine of 1 lakh rupees. Regarding maintenance, a court-determined substantial amount must be paid, separate from mahr, dower, streedhan, or any other property.
For custody matters, the court will decide the best interest of the minor child. However, custody of a child under 5 years of age will typically be granted to the mother.
Succession
When someone dies without leaving a will, their property is shared out according to the UCC law’s rules on intestate succession. These rules set up a list of relatives who get the property. First in line are Class 1 heirs, like children, spouse, and parents. If they’re not there, then Class 2 heirs, like siblings, nephews, and nieces, might get it. If there are no eligible relatives at all, then the government gets the property. Rules regarding estate divided into heirs Distribution of estate amongst the heirs shall succeed simultaneously and the estate of an intestate shall be divided amongst them in accordance with the following rules- Rule 1- Every surviving spouse of the intestate shall take one share each. Rule 2- Every surviving child of the intestate shall take one share each. Rule 3- The heirs in the branch of each predeceased child of the intestate shall take one share together. Rule 4- The share devolving upon the branch of a predeceased child shall be divided equally amongst every surviving spouse, surviving child and branch of a predeceased child of the predeceased child. Rule 5 -The share devolving upon the branch of a predeceased child of a predeceased child shall be divided equally amongst every surviving spouse and child. Rule 6-Surviving parents of the intestate shall together take one share in equal proportion, and in case of only one of the parents surviving the intestate, such parent shall alone take one share.
Right of child in womb
A person who has passed away without leaving a will, the law treats all their children equally, regardless of whether they were born before or after the person’s death. Even if a child was conceived but not yet born at the time of the person’s death, if they are later born alive, they are still entitled to inherit from that person as if they were born before the death. Essentially, the law doesn’t differentiate between children born during the person’s lifetime and those born after their death but were conceived before.
Disqualifications as to inheritance
If a widow or widower has remarried before the deceased’s death, they can’t inherit. Anyone involved in murder or aiding murder can’t inherit from the victim’s estate. No one can be disqualified due to illness or other reasons not specified in the rules.
Valid Will
Capable of understanding and deciding their affairs can write a valid will. Anyone who is mentally sound and not underage can write a will. No one can write a will if they’re not aware of what they’re doing because of intoxication, illness, or any other reason.
Some important points regarding to valid Will.
1.When a will says someone gets two gifts, and it’s unclear if the person should get both gifts or just one, there are rules to figure it out, (a) If the same exact thing is mentioned twice in the will for the same person, they only get that thing once. (b) If the will mentions the same amount or item for the same person in two places, they only get it once. (c) If someone is given two different amounts in the will, they get both.
2.If someone is named in a will but doesn’t exist when the person who made the will dies, that Will Void.
3.If a part of the inheritance isn’t specifically given to anyone in the will (like the leftover or remaining part), it will be treated as if the person who was supposed to get it died before the person who made the will.
4.If someone is supposed to get something in the will, like a child or grandchild, but they die before the person who made the will, their children or descendants can still get it, unless the will says otherwise.
Protection of estate of Deceased
If someone passes away and any person believe have a right to their property, can apply the local judge for that property, either if someone else has taken the property wrongful still court can provide relief. Even if person not directly involved, like if person a guardian or friend of a minor or someone who can’t handle their affairs. The judge will listen to applicant side of the story, maybe ask some questions, and check if there’s a good reason to think applicant right. If the judge agrees, they’ll summon in the person who has the property and give them a order to vacant. The judge can also appoint an officer necessary inquiry.
The judge can take further decision on that property for appoint curator pending determination of processing, power conferrable on curator. State government may appoint public curators for any district or number of districts. If any conflict in case of two curator then matter will handle by High court.
Representative title to estate of deceased on succession
When someone passes away, the person appointed to handle their affairs (executor or administrator) becomes their legal representative for everything, and all the property of the deceased now belongs to them. If someone wants to get money owed by a person who passed away. The proof they need could be a document called a “probate” or “letters of administration,” showing they have the legal authority. If they don’t have those documents, they can use something called a “succession certificate” to prove their right to the money owed by the deceased person, but only for certain types of debts.
Live-in Relationship
Any resident of Uttarakhand or individual residing in Uttarakhand is required to submit a statement of their live-in relationship to the registrar within whose jurisdiction they live or ordinarily reside. However, a live-in relationship will not be registered if either partner is a minor, married to someone else, or if permission was obtained through force, coercion, or under the influence of other provisions mentioned in the act. Either partner may terminate the live-in relationship by submitting a prescribed format to the registrar. The Children born from such relationships will be considered legitimate.
The registrar will maintain registers for statements of live-in relationships and statements of termination of live-in relationships. Failure to submit the statement after staying in a live-in relationship for more than one month will be punishable with imprisonment for three months or a maximum fine of 10,000 rupees, or both. Providing false information in the submitted statement will be an offense punishable with imprisonment for up to six months or a maximum fine of 25,000 rupees, or both.