• UGI USER
  • Feb 08, 2024
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UTTARAKHAND CIVIL CODE: KEY CHANGES

Focus: UCC in Uttarakhand 

For Muslims:

  • Marriage Age:
  • Proposed UCC sets marriage age for Muslim women and men at 18 and 21, aligning with Hindu Marriage Act, 1955.
  • Debates ongoing due to conflict with POCSO and Child Marriage Act.
  • Succession Rules:
  • Under UCC, testamentary succession for Muslims changes, allowing unrestricted property bequeathal through wills.
  • In intestate succession, property passes to Class-1 heirs, or Class-2 heirs if former not present.
Source: UGI

For Hindus:

Succession Changes:

  • UCC removes ancestral and self-acquired property distinction, impacting Mitakshara law’s coparcenary rights.
  • Both parents elevated to Class I heirs in intestate succession, altering inheritance dynamics from Hindu Succession Act.

General Provisions:

Marriage Regulations:

  • UCC prohibits bigamy and polygamy, mandating neither party have a living spouse during marriage.
  • Criminalizes certain Muslim marriage practices without explicit naming.

Divorce and Remarriage:

  • Allows right to remarry after divorce without additional conditions like halala.
  • Imposes penalties for coercing conditions for remarriage, with up to three years imprisonment and Rs 1 lakh fine.