50 Key Highlights of Gujarat’s UCC Bill 2026

Gandhinagar: Based on the legislative draft of the Gujarat Uniform Civil Code (UCC) Bill, 2026, here are 50 key things to know about its provisions:

Scope and Applicability

  1. Official Title: The legislation is formally titled the Gujarat Uniform Civil Code, 2026.
  2. Constitutional Purpose: The bill seeks to fulfill the mandate of Article 44 of the Constitution of India, providing a uniform legal framework for all citizens regardless of religion.
  3. Geographic Reach: It applies to the entire state of Gujarat and residents of Gujarat living outside the state.
  4. Tribal Exemption: Members of Scheduled Tribes (as defined under Article 342) are entirely exempt from the provisions of this Code.
  5. Traditionally Protected Groups: Individuals and groups whose traditional rights are protected under Part 21 of the Constitution are also excluded.
  6. Supremacy of the Code: Any existing law, custom, or usage inconsistent with this Code will cease to have effect upon its commencement.

Marriage and Registration

  1. Mandatory Monogamy: A valid marriage requires that neither party has a living spouse at the time of the ceremony.
  2. Legal Age: The minimum age for marriage is set at 21 years for men and 18 years for women.
  3. Mental Capacity: Both parties must be capable of giving valid consent and must not suffer from mental disorders that make them unfit for marriage.
  4. Ceremonial Recognition: The bill respects diverse religious rituals, explicitly mentioning Nikah, Saptapadi, Anand Karaj, and “Pavitra Sangh” (Holy Union).
  5. Prohibited Degrees: Marriages between close relatives (defined in Schedule 1) are generally prohibited.
  6. Customary Exceptions: Prohibited degree marriages are only valid if a long-standing custom or usage permits them for at least one party.
  7. Mandatory Registration: All marriages performed after the Act must be registered with the Registrar within 60 days.
  8. Registration of Past Marriages: Marriages performed before the Code must also be registered within one year of its commencement.
  9. Late Fees: Failure to register a marriage within the 60-day window can result in a fine of up to ₹10,000.
  10. Refusal Penalty: Failing to respond to a notice to register a marriage can lead to a fine of up to ₹25,000.
  11. Validity Intact: Lack of registration does not by itself render a marriage invalid.
  12. Record Integrity: Destroying or altering a marriage register is punishable by up to two years of imprisonment.

Divorce and Separation

  1. Standardized Grounds: Divorce grounds are uniform for all citizens, including adultery, cruelty, and desertion for at least two years.
  2. Religious Conversion: If a spouse converts to another religion, it serves as a valid ground for divorce for the other party.
  3. Mental and Physical Illness: Incurable mental illness or leprosy/communicable venereal diseases are valid grounds for filing.
  4. Renunciation: A spouse joining a religious order or “renouncing the world” provides grounds for divorce.
  5. Presumption of Death: A spouse not heard from for seven years is presumed dead, allowing for divorce.
  6. Mutual Consent: Spouses can jointly petition for divorce if they have lived separately for one year and agree to dissolve the marriage.
  7. One-Year Bar: No divorce petition can generally be filed within the first year of marriage.
  8. Restitution of Conjugal Rights: A spouse who has been abandoned without reason can seek a court order for the other to return.
  9. Judicial Separation: Spouses may seek a court order to live apart without formally ending the marriage.
  10. Illegal Divorce Penalty: Any attempt to dissolve a marriage outside the provisions of the Code is punishable by up to three years in prison.
  11. Remarriage Restrictions: Forcing conditions (like intermediate marriages) before allowing remarriage is punishable by three years in prison and a ₹1 lakh fine.

Children and Maintenance

  1. Inclusive Definition of Child: A “child” includes biological, adopted, and those born via surrogacy or Assisted Reproductive Technology (ART).
  2. Legitimacy Protection: Children born of void or voidable marriages are deemed fully legitimate under the law.
  3. Welfare Priority: In all custody cases, the “best interest and welfare of the child” is the paramount consideration.
  4. Custody of Infants: Children under the age of five will generally remain in the custody of the mother.
  5. Maintenance Pendente Lite: Courts can order a spouse to pay for the other’s support and legal expenses while a case is pending.
  6. Permanent Alimony: Courts consider the income, assets, and conduct of both parties when deciding long-term support.
  7. Stridhan Rights: A woman’s property, including dowry (dahej) or gifts, is her exclusive property and cannot be factored into reducing her maintenance claims.

Live-In Relationships

  1. Compulsory Registration: Partners in a live-in relationship must submit a “Statement of Relationship” to the Registrar.
  2. One-Month Deadline: Failure to register a live-in relationship within one month is punishable by up to three months in jail.
  3. Prohibited Live-Ins: Registration is denied if a partner is a minor, already married, or within prohibited degrees of kinship.
  4. Police Notification: The Registrar must forward a copy of the live-in statement to the local police station for record-keeping.
  5. Parental Notification: If either partner is under 21, the Registrar is legally required to inform their parents or guardians.
  6. Maintenance Rights: A woman deserted by her live-in partner has the legal right to claim maintenance.
  7. Children’s Legitimacy: Children born of registered live-in relationships have full legal legitimacy and inheritance rights.
  8. Termination Statements: If a live-in relationship ends, partners must file a “Statement of Termination” with the Registrar.

Succession and Inheritance

  1. Ancestral Property: The Code’s definition of property explicitly includes ancestral and joint family property.
  2. Class-1 Heirs: Priority for inheritance is given to the spouse, children, and both parents.
  3. Gender Parity: Property is distributed equally among all Class-1 heirs, ensuring no distinction between sons and daughters.
  4. Murderer Disqualification: A person who commits or abets a murder is disqualified from inheriting the victim’s property.
  5. Foetal Inheritance: A child who is in the womb at the time of a person’s death inherits as if they were already born, provided they are born alive.
  6. Survivorship Presumption: In common disasters where order of death is unclear, the law presumes the younger person survived the older.

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