Home Dehradun Only judicial divorce will be applicable in U’khand as per UCC

Only judicial divorce will be applicable in U’khand as per UCC


By Arun Pratap Singh

Dehradun, 15 Nov: The Pushkar Singh Dhami Government is expected to enforce the new Uniform Civil Code (UCC) at the earliest in the state. In order to pass the legislation in this regard, the government may summon a special session of the state assembly, early. The committee led by Justice Ranjana Desai has submitted the draft copy of the UCC to the government.

The draft UCC has some very interesting provisions which include banning of all religiously sanctioned forms of divorce in the state. While the Centre had recently banned only Triple Talaq for the Muslims, the state proposes to ban also Talaq E Hasan and Talaq E Biddat. Only judicially granted divorces will be permitted once the UCC is enforced in the state.

While the draft UCC does hold live-in relationships outside the law, a provision has been made to make the registration of live-in relationships mandatory under law. Non-registration of live-in relationships will be punishable. This means the government will have to be informed by those in live-in relationship of their status. The parents of the live-in couple will also be informed of this relationship under the law.

Similarly, registration of marriages has been made mandatory. Without registration, the married couple will not get the benefit of any government facility. There will be facility for marriage registration at the village level also. As per the provisions, both, husband and wife will have equal grounds for divorce. The same ground of divorce which will be applicable for the husband will also be applicable for the wife. At present, under personal law, husband and wife have different grounds for divorce. Polygamy or polygamy will be banned for all religions and even for the tribals.

Girls will get equal share in inheritance as boys. The compensation given to the family (wife) on the death of her employed husband will also include the responsibility of maintenance of his elderly parents. If the wife remarries, her parents will also have a share in the compensation received on the husband’s death. If the wife dies and her parents have no support, then the husband is responsible for their maintenance.

Regarding adoption of children, Muslim women will also get the right to adopt. The adoption process will be made easier. In respect of the issue of guardianship, the process of guardianship will be simplified in case the child is orphaned. In case of a dispute between husband and wife, the custody of children can be given to their grandparents. The government claims that Uttarakhand’s UCC will become the template for the country’s Uniform Civil Code.