Uttarakhand High Court Expunges Direction for Interfaith Live-In Couple to Register Under Uniform Civil Code
On July 18, the court had directed the police to provide protection to the couple for six weeks, contingent on their application for registration under the UCC
In a recent development, the Uttarakhand High Court expunged specific remarks from its earlier judgment that granted conditional protection to an interfaith live-in couple.
The original order, dated July 18, 2024, had directed the state police to protect the couple, who were facing threats due to their interfaith relationship, provided they applied for registration under the Uniform Civil Code, Uttarakhand, 2024, within 48 hours.
Following this, the state government filed an application arguing that, although the President of India had given assent to the Uniform Civil Code, Uttarakhand, 2024, it had not yet come into force. The state counsel highlighted that no notification under Section 1(2) of the Uniform Civil Code, Uttarakhand, 2024, had been issued by the state government and requested the court to either recall or modify its previous order.
The bench of Justices Manoj Kumar Tiwari and Pankaj Purohit noted that the July 18 order referenced the Uniform Civil Code, Uttarakhand, 2024, in paragraphs 3 and 4 based on the state counsel's submissions. The state counsel had argued that now it is mandatory for partner to a live-in-relationship to get their relationship registered with the Registrar concerned. He had further stated that in case partners to a live-in-relationship do not get their relationship registered within one month from the date of entering into such relationship, they shall be liable to punishment under Section 387(1) of the aforesaid Act.
Considering these points, the court allowed the state's modification application, resulting in the expunging of paragraphs 3, 4, and 5 from the final order dated July 18, 2024.
The initial July 18 order had been passed in a writ petition filed by a 21-year-old Muslim man and a 26-year-old Hindu woman from Dehradun, who sought protection from potential harm by their families. The couple feared threats from the woman's parents and brother, who disapproved of her relationship with the man. The division bench had directed police to provide protection for six weeks, contingent on the couple's application for registration under the UCC, and to reassess the threat afterward, taking necessary measures as required