Live-in Relationship Provision In UCC Challenged In Uttarakhand High Court

A resident from Bhimtal filed a PIL in the Uttarakhand High Court challenging multiple provisions of the UCC.

Nainital: The Uniform Civil Code (UCC) in Uttarakhand has been challenged in the Uttarakhand High Court, specifically its provisions regarding live-in relationships. The case was heard on Wednesday by a division bench comprising Chief Justice G. Narendra and Justice Ashish Naithani.

During the hearing, the bench directed the Uttarakhand government to submit its response within six weeks. A resident from Bhimtal, Suresh Singh Negi has filed a Public Interest Litigation (PIL) in the High Court, challenging multiple provisions of the UCC, particularly those related to live-in relationships.

Additionally, he has raised concerns over the UCC’s disregard for the marriage customs of certain communities, including Muslims and Parsis. Another petitioner, Elmasuddin Siddiqui, a resident of Dehradun, has also filed a writ petition, arguing that the UCC ignores minority customs and traditions. Negi's plea contended that live-in relationships are unconstitutional.

The petition contended that while the legal age for marriage is 21 years for men and 18 years for women, the UCC allows live-in relationships at 18 years for both partners. The petition also contended that children born from live-in relationships will be considered legitimate.

The UCC permits a partner to exit a live-in relationship by submitting an application to the registrar, after which they can leave their partner within 15 days. In contrast, formal marriages require a lengthy judicial process for divorce.

The petitioner alleged that this provision undermines the sanctity of marriage, as divorce in a legal marriage takes decades and requires full maintenance for the spouse. The plea contended that the UCC has interfered with constitutional rights, violating the rights of state citizens. The petition contends that these provisions could lead to a rise in live-in relationships over traditional marriages.

The second petition challenged the UCC for allegedly ignoring Islamic customs and the Quran’s teachings Widow’s Mourning Period. According to Islamic tradition, a widow observes a 40-day mourning period for her deceased husband, praying for his soul. The UCC, however, does not recognise this practice.

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