Uniform Civil Code Comes into Force in Uttarakhand, Simplifying Marriage Legal Processes

The Uniform Civil Code (UCC) has been implemented in Uttarakhand, focusing on safeguarding personal rights and regulating laws on marriage, divorce, inheritance, and live-in relationships. The Uniform Civil Code Act, 2024, applies to all state residents regardless of religion, prohibiting polygamy and child marriage. However, it excludes Scheduled Tribes under Articles 342 and 366(25) of the Constitution and communities protected under Part XXI.

Marriage Regulations and Eligibility

The UCC aims to simplify legal processes related to marriage, promoting social harmony while protecting personal rights. It specifies that neither party should have a living spouse for a marriage to be valid. Chapter one outlines that marriages can occur between a man and woman if they meet the legal age requirement and neither has a living spouse. Both parties must be mentally sound and capable of consenting to marriage.

According to the UCC, the legal marriage age is set at 21 for men and 18 for women. Both parties must not fall within prohibited relationships. Marriage registration is mandatory within 60 days but non-registration does not invalidate a marriage. Marriages from March 26, 2010, onwards must register within six months. Older marriages can register if they meet legal criteria.

Marriage Registration Process

Marriages already registered need not register again but require acknowledgment. Registration can be done online or offline. Sub-registrars must decide on applications within 15 days; otherwise, they are forwarded to the registrar. A transparent appeal process exists for rejected applications, with penalties for false information. The state will appoint registrar general, registrar, and sub-registrars to oversee registrations.

Children's Rights and Inheritance

The UCC ensures children from void or voidable marriages are legitimate, removing the term "illegitimate." Children from live-in relationships have equal rights to ancestral property as those from marriages. The Act also provides a structured framework for creating and cancelling wills and codicils related to testamentary succession.

Privileged Will Provisions

Given Uttarakhand's military contributions, the Act emphasises "Privileged Wills" for soldiers, air force personnel, or marines on active duty. These wills can be handwritten or verbally declared before witnesses without formalities like signatures. This streamlined process ensures those in high-risk situations can record their property wishes effectively.

For instance, a soldier's handwritten will doesn't need attestation if it's clear it was self-written. A verbal will declared before two witnesses is valid but becomes invalid after a month if the person remains alive post-service conditions. If someone else drafts a will as directed by a soldier who accepts it verbally or through actions, it is valid.

Flexibility in Will Amendments

If a soldier gives written instructions for a will but dies before finalisation, those instructions are treated as a will if proven as their wishes. Importantly, privileged wills can be revoked or amended by making new privileged or ordinary wills reflecting updated wishes.

This arrangement safeguards soldiers' interests in recording property decisions even in challenging circumstances. The state government plans to offer these services through an online portal soon, ensuring convenient legal processes for citizens.

Creating a will isn't mandatory but offers a secure system for those wishing to set clear property guidelines under the Act.