Dehradun, 27 January 2025- Uttarakhand has become the first state in the country to implement the Uniform Civil Code after independence. This important law has been formally announced just before Prime Minister Narendra Modi’s visit to Uttarakhand. This law will be applicable in the entire state. This law will also be effective on the citizens of Uttarakhand living outside the state.
Uttarakhand Chief Minister Pushkar Singh Dhami led the introduction of this historic law in a program. The UCC portal was unveiled, this portal will play a major role in the implementation of this law. UCC is a law that will eliminate discrimination on the basis of religion, gender, caste or community. It will work to connect the society on an equal basis.
In the Uniform Civil Code, the wife has also been given equal rights along with the husband. Like the husband, now the wife will be able to divorce the husband if she wants. For divorce, the husband having more than one wife, being guilty of rape as well as cruelty, sexual intercourse with someone else or keeping a distance for two consecutive years can also become the basis.
Divorce can happen with mutual consent in this way
- Husband and wife can jointly present a divorce petition on the ground that they have been living separately for one year or more. They cannot live together and they mutually agree on this. The marriage should be dissolved on this basis.
- If the petition is not withdrawn on the proposal made by both the parties after six months of presenting the petition and before 18 months from that date. The court will issue a divorce order after hearing the parties and investigation.
Wife can take divorce on these grounds
The husband has been guilty of the crime of rape or any other type of unnatural intercourse after marriage. The husband had more than one wife before the implementation of UCC.
The marriage will become void due to these reasons
- Impotence or deliberate non-marital intercourse.
- If the consent of the petitioner is obtained by force or fraud.
- The wife is pregnant with another man at the time of marriage or the husband has impregnated another woman other than the wife at the time of marriage.
- The husband or wife has converted from their religion to some other religion.
- The husband or wife is suffering from mental disorder. (Mental disorder is defined in detail in UCC)
- The husband or wife is suffering from an incurable communicable sexually transmitted disease.
- The husband or wife is unable to follow the maintenance order for one year.
No divorce for one year after marriage
The UCC also made a provision that the divorce petition will not be accepted before the expiry of one year of marriage. The court will be able to grant permission for this only on special reasons. If the petition is filed by hiding facts, the court can dismiss it. While granting permission to present the divorce petition, the court will also take into account the interest and welfare of the children of the marriage.
Divorce is not valid under custom, tradition
The UCC clarified that divorce will not be valid under any other custom, tradition, except this Act. After the implementation of UCC, this rule will be applicable on all old and new marriages.
