Uttarakhand High Court expunges directive to live-in couple to register under Uniform Civil Code

The Uttarakhand High Court has expunged a July 18 directive to an interfaith couple in a live-in relationship to register their relationship under the Uniform Civil Code (UCC) of Uttarakhand. .In the July 18 order, the Court had granted police protection to the inter-faith couple on the condition that they register their relationship under the UCC, 2024 within 48 hours.However, on July 29, the Division Bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit modified its order after being informed that the Uniform Civil Code of Uttarakhand was yet to come into force. The State counsel told the Court that although the UCC has received Presidential assent, the State was yet to notify the Code. In view of this, the Court has withdrawn its earlier directive to the inter-faith, live-in couple for UCC registration. "Paragraph nos. 3, 4 & 5 of the final order dated 18.07.2024, which are based on submission made by learned State Counsel, are scored off," the Court said, in its July 29 order..The couple (petitioners) before the Court had sought protection, claiming they were being threatened by the girl's parents and brother.During an earlier hearing of the matter, the counsel for State informed the Bench that the UCC in Uttarakhand requires partners in a live-in relationship to register with the appropriate registrar.The couple had not complied with the said requirement, he pointed out.The counsel for the petitioners then submitted that they would apply for registration under the relevant provisions of the Uniform Civil Code.Notably Section 378 of the the Uniform Civil Code, Uttarakhand, 2024 talks about the submission of statement by partners to a live-in relationship and states:"(1) It shall be obligatory for partners to a live-in relationship within the State, whether they are residents of Uttarakhand or not, to submit a statement of live-in relationship under sub-section (1) of section 381 to the Registrar within whose jurisdiction they are so living.”Therefore, the Court on July 18 directed the couple to register their relationship under the UCC, while ordering that they be extended police protection.However, this condition has been expunged now since the UCC is yet to come into force. .Advocate Mohd Matlub represented the petitioners.Advocate General JS Virk and advocate RK Joshi appeared for the State..[Read Order]