Gujarat UCC Draft Bars Marriage Among Close Relatives; Lists 37 Prohibited Relationship Categories

Gandhinagar: The proposed Gujarat Uniform Civil Code (UCC), 2026, clearly defines “degrees of prohibited relationship” to set legal boundaries for marriage, barring unions between close relatives.

To make the provision easier to understand, consider a simple example. Aryan and Meera, a couple from a village in Gujarat, plan to get married. However, before proceeding, they check the UCC rules and realise that mutual consent alone is not enough. The law requires that they must not fall within the “prohibited relationship” category.

Under Section 3(1)(d) of the draft Code, prohibited relationships include those based on blood ties, whether full, half, or uterine, as well as relationships formed through adoption, surrogacy, or assisted reproductive technologies. Relations created through marriage are also included.

The Code also prescribes penalties. As per Section 38(1)(c), marrying within prohibited degrees can lead to simple imprisonment of up to six months, a fine of up to Rs. 50,000, or both.

However, there is a limited exception. Section 4(4) allows such marriages if they are permitted under the customs and usage of either party.

Who falls under “prohibited relationships”?

The draft UCC provides a detailed list, which broadly includes:

Direct ancestors and descendants: parents, grandparents, children, grandchildren

Step-relations: step-parents, step-grandparents, widows/widowers of ancestors or descendants

Siblings and their children: brother, sister, nephew, niece

Close extended family: aunts, uncles, and their children (including cousins)

Relations through marriage: in-laws and similar ties

Legal and social objective

The provision aims to prevent marriages within close family relationships and maintain social norms. It also aligns with broader legal principles that prohibit practices like bigamy and marriage while a previous marriage is still valid.

Overall, the Gujarat UCC, 2026, seeks to create a uniform legal framework governing marriage, divorce, and inheritance, while allowing limited exceptions based on recognised customs.

List of Prohibited Relationships

List – 1

  1. Mother.

  2. Father’s widow (step-mother).

  3. Mother’s mother.

  4. Mother’s father’s widow (step-grandmother).

  5. Mother’s mother’s mother.

  6. Mother’s mother’s father’s widow (step-grandmother).

  7. Mother’s father’s mother.

  8. Mother’s father’s father’s widow (step-grandmother).

  9. Father’s mother.

  10. Father’s father’s widow (step-grandmother).

  11. Father’s mother’s mother.

  12. Father’s mother’s father’s widow (step-great-grandmother).

  13. Father’s father’s mother.

  14. Father’s father’s father’s father’s widow (step-great-grandmother).

  15. Daughter.

  16. Son’s widow.

  17. Daughter’s daughter.

  18. Daughter’s son’s widow.

  19. Son’s daughter.

  20. Son’s son’s widow.

  21. Daughter’s daughter’s daughter.

  22. Daughter’s daughter’s son’s widow.

  23. Daughter’s son’s daughter.

  24. Daughter’s son’s son’s widow.

  25. Son’s daughter’s daughter.

  26. Son’s daughter’s son’s widow.

  27. Son’s son’s daughter.

  28. Son’s son’s son’s widow.

  29. Sister.

  30. Sister’s daughter.

  31. Brother’s daughter.

  32. Mother’s sister.

  33. Father’s sister.

  34. Father’s brother’s daughter.

  35. Father’s sister’s daughter.

  36. Mother’s sister’s daughter.

  37. Mother’s brother’s daughter.

Explanation – For the purpose of this Part, the expression “widow” includes a divorced wife.


List – 2

  1. Father.

  2. Mother’s husband (stepfather).

  3. Father’s father.

  4. Father’s mother’s husband (step-grandfather).

  5. Father’s father’s father.

  6. Father’s father’s mother’s husband (step-great-grandfather).

  7. Father’s mother’s father.

  8. Father’s mother’s mother’s husband (step-great-grandfather).

  9. Mother’s father.

  10. Mother’s mother’s husband (stepfather).

  11. Mother’s father’s father.

  12. Mother’s father’s mother’s husband (step-great-grandfather).

  13. Mother’s mother’s father.

  14. Mother’s mother’s mother’s husband (step-great-grandfather).

  15. Son.

  16. Daughter’s husband.

  17. Son’s son.

  18. Son’s daughter’s husband.

  19. Daughter’s son.

  20. Daughter’s daughter’s husband.

  21. Son’s son’s son.

  22. Son’s son’s daughter’s husband.

  23. Son of son’s daughter.

  24. Husband of son’s daughter’s daughter.

  25. Son of daughter’s son.

  26. Husband of daughter’s son’s daughter.

  27. Son of daughter’s daughter.

  28. Husband of daughter’s daughter’s daughter.

  29. Brother.

  30. Son of brother.

  31. Son of sister.

  32. Brother of mother.

  33. Brother of father.

  34. Son of father’s brother.

  35. Son of father’s sister.

  36. Son of mother’s sister.

  37. Son of mother’s brother.

Explanation – For the purpose of this section, the expression “husband” includes a divorced husband.

DeshGujarat

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