Women live-in partners to get maintenance under Gujarat's new UCC bill; 50-50 kids' liability also proposed

The Gujarat government has introduced the Gujarat Uniform Civil Code (UCC), 2026 Bill, a comprehensive legislative framework that for the first time mandates the formal registration of live-in relationships alongside marriages and divorces. Following a cabinet ratification on Wednesday, the draft bill has been forwarded to the assembly secretariat for tabling in the ongoing session. The proposed law requires couples in live-in arrangements to submit a legal statement to the district registrar and formally notify the state upon the termination of the partnership. While seeking to standardize personal laws across various communities to ensure gender justice and social reform, the government has confirmed that none of the provisions will apply to members of Scheduled Tribes.

Mandatory Registration and Statement of Live-In Relationships

According to the draft of the bill, it will be obligatory for partners in a live-in relationship to submit a statement of live-in relationship to the district registrar within whose jurisdiction they are living. This requirement places a formal legal obligation on couples to register their domestic status with the state authorities. Furthermore, the draft stipulates that the termination of a live-in relationship must also be formally notified to the registrar to ensure a legal record of the separation.

Legal Rights for Women and Children in Live-In Unions

The proposed legislation introduces specific protections for individuals and offspring within non-marital unions. The draft states that any child of a live-in relationship shall be a legitimate child of the couple, granting them equal status under the law. Additionally, a woman who is deserted by her live-in partner will be entitled to claim maintenance, providing a financial safety net similar to that available in formal marriages.

Marriage Regulations and Penalties for Non-Compliance

While the bill allows marriage ceremonies to continue as per religious customs and practices, it makes the registration of both marriages and divorces compulsory. Non-compliance with these registration requirements will attract penalties of up to Rs 10,000. The marriageable age remains set at 21 for men and 18 for women. The bill also classifies a marriage as voidable if either partner provides misleading information during the registration process.

Prohibitions on Polygamy and Conditional Remarriage

Under the provisions of the bill, polygamy has been banned, with violators facing imprisonment for up to 7 years. Marriages performed through force or coercion will also attract both fines and imprisonment of up to 7 years. In a shift regarding remarriage, the draft makes it lawful for a couple to remarry after a divorce without any conditions. The draft explicitly states that the right to remarry includes the right to remarry a divorced spouse without marrying a third person first, a move sources indicate refers to the practice of 'halala.'

Succession Classes and Committee Recommendations

The bill categorizes heirs into three classes for cases where a person dies without making a will. Class 1 heirs include the spouse, children, and parents; Class 2 includes step-parents and grandparents; while "other relatives" covers all remaining kin. This structure follows the recommendations of a committee headed by retired Supreme Court judge Justice Ranjana Desai, which submitted its final report to Chief Minister Bhupendra Patel on Tuesday. The committee’s report advocated for a uniform legal framework to ensure equality and harmony in civil affairs across the state.

(With TOI inputs)