Whether you marry or just move in, one law awaits:Converted tribals also under its scope; MP to implement 90% of Gujarat’s UCC model

Preparations for implementing the Uniform Civil Code (UCC) in Madhya Pradesh have intensified. The draft of the UCC has been prepared, and its presentation was given before Chief Minister Dr. Mohan Yadav on Thursday. The Chief Minister has given some suggestions, which, after being incorporated, the committee will submit the final draft to the government. According to sources, Madhya Pradesh’s UCC has been prepared along the lines of the Gujarat Uniform Civil Code-2026. About 90 per cent of the provisions in the draft have been taken from the Gujarat UCC. The biggest change will be that tribals who have converted will come under the purview of the UCC, while tribals following traditional tribal customs and customary beliefs will be kept out of it. The Gujarat UCC brings family laws, including marriage, divorce, inheritance, will, and live-in relationships, under a uniform legal framework. The same model is being prepared for implementation in Madhya Pradesh. Religious rituals will not end, marriage will be performed by all methods The objective of UCC is not to abolish religious traditions. Gujarat’s law clarifies that marriage can be solemnised according to the religious traditions, customs, and rituals of any community. This includes Hindu marriage’s Saptapadi and pheras, Muslim Nikah, Sikh Anand Karaj, Christian Church Marriage, Arya Samaj marriage, and other recognised religious methods. This means that marriage rituals may remain different, but their legal rights and obligations will be the same. Registration of every marriage is mandatory, must be done within 60 days After the implementation of UCC, registration of every marriage will be mandatory. According to the law implemented in Gujarat, even if the marriage has taken place within or outside Gujarat and one of the spouses is a resident of the state, the marriage will still have to be registered. An application must be submitted to the registrar within 60 days of the marriage. If the deadline passes, an application can also be made late under the prescribed procedure. However, merely the lack of registration will not automatically invalidate the marriage, but action may be taken for violation of rules. Old marriages and old divorces will also come into government records After the implementation of UCC, not only new marriages but also previously solemnized marriages and divorces can be registered. Marriages that were not previously registered under any law can also be registered within the stipulated time. Similarly, provisions have been made to include court orders for old divorces and annulments of marriage in government records. This will increase transparency in documents and legal disputes in the future. Uniform rules will apply to all communities for divorce In the Gujarat UCC, a uniform legal system has been created for the dissolution of marriage. Spouses will be able to divorce by mutual consent. Additionally, there are similar provisions for judicial separation, declaring a marriage null and void, and annulling a marriage. The right to remarriage after divorce will also be equally available to everyone. This means that instead of different personal laws, the same legal process will apply to all citizens. Uniform laws on maintenance and child responsibility In the UCC, the rights of spouses and children have been equally defined. Maintenance includes not only food or living arrangements but also clothing, education, medical care, and special needs. The court will be able to determine permanent alimony as per need. A clear legal framework has also been established regarding the custody and care of children, so that uniform rules apply to all communities. Uniform Succession Law for Property Division The second major part of the UCC is related to succession. If a person dies without a will, their property will be divided under uniform rules. The order of first-class and second-class heirs has been determined in this. The rights of an unborn child have also been recognized. If a person is found guilty of the murder of the deceased, they will not receive the right to inheritance. No heir can be deprived of their rights on the basis of illness, physical disability, or any other physical condition. Detailed rules for making wills and property management A separate chapter has been created in the Gujarat UCC regarding wills. It determines who can make a will, how a will will be prepared, and what will be the process for amending or revoking it. If a will is made under fraud, pressure, or coercion, it will be considered invalid. The law also specifies the complete process for the certification, probate, administrative rights, and management of a will. Special Provisions for the protection of deceased’s property If there is a dispute regarding the property of a deceased person or if the heir cannot be determined, the court will be able to appoint a curator for the protection of the property. The detailed process for issuing succession certificates, probate, and letters of administration is also included in the law. Its objective is to ensure that the property is managed legally and the rights of the heirs are protected. Government to create digital records, also provision for appeal Under UCC, the state government will appoint Registrar General and Registrars. There will be centralised registration of marriage, divorce, and other records. If a registrar rejects an application, the right to appeal against it has also been granted. Provision has been made for punishment for tampering with records, providing false information, or tampering with government registers. The government will also have the right to make rules and make necessary amendments from time to time.