In a first of its own kind of judgement after the UCC law came into force in Uttarakhand, the Nainital High Court protected an interfaith live-in couple by stipulating that they would have protection if they apply for registration to this act within 48 hours of it.
The HC’s judgment was delivered on July 18 when a petition was being heard from a Hindu woman aged 26 years and a Muslim Man aged 21 years who had been residing together. They said that parents and brother to one of them had been threatening them. The duo currently lives in Dehradun.
During proceedings, counsel representing Uttarakhand state submitted in court that under Section 378(1) of the newly enacted UCC states that live-in partners residing in Uttarakhand State, whether they are not domicile or domicle residents of Uttarakhand, shall be mandatory to present a declaration as to their live-in relationship under subsection (1) of section 381 to the Registrar in whose jurisdiction they ordinarily reside.
And if you don’t, you may be facing imprisonment or fining or both.
In his order Justice Manoj Kumar Tiwari and Justice Pankaj Purohit hence disposed off the petition saying that “…. if petitioners apply for registration under the aforesaid Act within 48 hours, the SHO, PS Dalanwala, Dehradun shall provide adequate protection to petitioners for a period of six weeks to ensure that no harm is caused to them from private respondents or any other person acting on their behalf.”
Counsel Mohad Matlub who represented the couple speaking told has already challenged ucc is yet pending before supreme court. He added Article 21 of our constitution: “Protection of Life and Personal Liberty” guarantees that no person can be deprived his life or personal liberty except as per procedure established by law.
He also added that “I cannot comment on court’s judgment but my clients have applied at the marriage registrar’s office as agreed upon, but to their disappointment they were turned away on some technical grounds.”
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