50 Key Highlights of Gujarat’s UCC Bill 2026
March 20, 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
- Official Title: The legislation is formally titled the Gujarat Uniform Civil Code, 2026.
- 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.
- Geographic Reach: It applies to the entire state of Gujarat and residents of Gujarat living outside the state.
- Tribal Exemption: Members of Scheduled Tribes (as defined under Article 342) are entirely exempt from the provisions of this Code.
- Traditionally Protected Groups: Individuals and groups whose traditional rights are protected under Part 21 of the Constitution are also excluded.
- 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
- Mandatory Monogamy: A valid marriage requires that neither party has a living spouse at the time of the ceremony.
- Legal Age: The minimum age for marriage is set at 21 years for men and 18 years for women.
- Mental Capacity: Both parties must be capable of giving valid consent and must not suffer from mental disorders that make them unfit for marriage.
- Ceremonial Recognition: The bill respects diverse religious rituals, explicitly mentioning Nikah, Saptapadi, Anand Karaj, and “Pavitra Sangh” (Holy Union).
- Prohibited Degrees: Marriages between close relatives (defined in Schedule 1) are generally prohibited.
- Customary Exceptions: Prohibited degree marriages are only valid if a long-standing custom or usage permits them for at least one party.
- Mandatory Registration: All marriages performed after the Act must be registered with the Registrar within 60 days.
- Registration of Past Marriages: Marriages performed before the Code must also be registered within one year of its commencement.
- Late Fees: Failure to register a marriage within the 60-day window can result in a fine of up to ₹10,000.
- Refusal Penalty: Failing to respond to a notice to register a marriage can lead to a fine of up to ₹25,000.
- Validity Intact: Lack of registration does not by itself render a marriage invalid.
- Record Integrity: Destroying or altering a marriage register is punishable by up to two years of imprisonment.
Divorce and Separation
- Standardized Grounds: Divorce grounds are uniform for all citizens, including adultery, cruelty, and desertion for at least two years.
- Religious Conversion: If a spouse converts to another religion, it serves as a valid ground for divorce for the other party.
- Mental and Physical Illness: Incurable mental illness or leprosy/communicable venereal diseases are valid grounds for filing.
- Renunciation: A spouse joining a religious order or “renouncing the world” provides grounds for divorce.
- Presumption of Death: A spouse not heard from for seven years is presumed dead, allowing for divorce.
- Mutual Consent: Spouses can jointly petition for divorce if they have lived separately for one year and agree to dissolve the marriage.
- One-Year Bar: No divorce petition can generally be filed within the first year of marriage.
- Restitution of Conjugal Rights: A spouse who has been abandoned without reason can seek a court order for the other to return.
- Judicial Separation: Spouses may seek a court order to live apart without formally ending the marriage.
- Illegal Divorce Penalty: Any attempt to dissolve a marriage outside the provisions of the Code is punishable by up to three years in prison.
- 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
- Inclusive Definition of Child: A “child” includes biological, adopted, and those born via surrogacy or Assisted Reproductive Technology (ART).
- Legitimacy Protection: Children born of void or voidable marriages are deemed fully legitimate under the law.
- Welfare Priority: In all custody cases, the “best interest and welfare of the child” is the paramount consideration.
- Custody of Infants: Children under the age of five will generally remain in the custody of the mother.
- Maintenance Pendente Lite: Courts can order a spouse to pay for the other’s support and legal expenses while a case is pending.
- Permanent Alimony: Courts consider the income, assets, and conduct of both parties when deciding long-term support.
- 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
- Compulsory Registration: Partners in a live-in relationship must submit a “Statement of Relationship” to the Registrar.
- One-Month Deadline: Failure to register a live-in relationship within one month is punishable by up to three months in jail.
- Prohibited Live-Ins: Registration is denied if a partner is a minor, already married, or within prohibited degrees of kinship.
- Police Notification: The Registrar must forward a copy of the live-in statement to the local police station for record-keeping.
- Parental Notification: If either partner is under 21, the Registrar is legally required to inform their parents or guardians.
- Maintenance Rights: A woman deserted by her live-in partner has the legal right to claim maintenance.
- Children’s Legitimacy: Children born of registered live-in relationships have full legal legitimacy and inheritance rights.
- Termination Statements: If a live-in relationship ends, partners must file a “Statement of Termination” with the Registrar.
Succession and Inheritance
- Ancestral Property: The Code’s definition of property explicitly includes ancestral and joint family property.
- Class-1 Heirs: Priority for inheritance is given to the spouse, children, and both parents.
- Gender Parity: Property is distributed equally among all Class-1 heirs, ensuring no distinction between sons and daughters.
- Murderer Disqualification: A person who commits or abets a murder is disqualified from inheriting the victim’s property.
- 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.
- Survivorship Presumption: In common disasters where order of death is unclear, the law presumes the younger person survived the older.
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