Not declaring live-in relationship could land couples in jail under Madhya Pradesh’s UCC
The state Cabinet approved a draft Uniform Civil Code Bill for introduction in the state assembly, mandating monogamy across all communities and criminalizing triple talaq and nikah halala.
The draft requires every adult couple in a live-in relationship in the state to register their relationship, prescribing imprisonment of up to three months or a fine of up to Rs 10,000 for cohabiting more than a month without registration.
Additional penalties are proposed: three months' imprisonment and a Rs 25,000 fine for furnishing false information to the Registrar, and up to six months' imprisonment with a Rs 25,000 fine for failing to respond to a Registrar's notice.
Children born of live-in relationships would be granted legal status, with a partner who is abandoned entitled to claim maintenance through a competent court, similar to a legally married spouse.
If enacted, Madhya Pradesh would become the second Indian state after Uttarakhand to legislate compulsory registration of live-in relationships as part of a state-level Uniform Civil Code.
Article 44 — Uniform Civil Code as a Directive Principle
Article 44 lies in Part IV of the Constitution, among the Directive Principles of State Policy, and states that "the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Under Article 37, DPSPs are non-justiciable — no court can compel their enforcement — yet they are declared "fundamental in the governance of the country."
Key Details
- Goa remains the sole state with a long-standing common civil code: the Portuguese Civil Code of 1867, retained after Goa's 1961 integration into India, applying uniformly across religious communities with some documented exceptions
- Uttarakhand became the first state to enact a post-1950 state-level UCC — passed by the state assembly in February 2024, with rules notified in January 2025 — covering marriage, divorce, succession, and mandatory live-in relationship registration, while exempting Scheduled Tribes
- A central Uniform Civil Code covering all of India has not been enacted; states have instead begun legislating within their own competence over subjects like marriage and divorce (Concurrent List, Entry 5)
Madhya Pradesh's draft is a state-level attempt to give effect to the Article 44 objective, following the Uttarakhand precedent rather than awaiting central legislation.
Live-in Relationships — From Judicial Recognition to Compulsory State Registration
Indian law historically addressed live-in relationships through judicial interpretation rather than a registration statute, reading protections into existing laws rather than mandating registration.
Key Details
- In S. Khushboo v. Kanniammal (2010), the Supreme Court held that live-in relationships between consenting adults are not illegal and fall within the right to personal liberty guaranteed under Article 21
- The Protection of Women from Domestic Violence Act, 2005, already extends maintenance and protection to women in a "relationship in the nature of marriage," without requiring formal registration
- Uttarakhand's UCC, 2024, was the first law to make registration compulsory with criminal penalties, requiring a "statement of live-in relationship" within 30 days of commencing cohabitation
- Madhya Pradesh's draft follows a similar registration-with-penalty model, allowing a one-month window before non-registration becomes punishable
The draft Bill marks a shift, in states adopting this model, from courts recognizing live-in relationships case by case to a statutory framework requiring upfront registration backed by criminal penalties for non-compliance.
Monogamy and Personal Law Uniformity
A uniform monogamy requirement across communities is a core element of what a Uniform Civil Code seeks to achieve, since personal laws currently differ on this point.
Key Details
- The Hindu Marriage Act, 1955 (Sections 5, 11 and 17) already prohibits bigamy for persons married under Hindu law, with violation punishable under the general bigamy provision applicable across faiths
- Muslim personal law, applied through the Muslim Personal Law (Shariat) Application Act, 1937, permits polygamy; a state monogamy mandate covering "all communities" would extend the bigamy prohibition uniformly
- Instant triple talaq (talaq-e-biddat) is already a criminal offence nationally under the Muslim Women (Protection of Rights on Marriage) Act, 2019, punishable with imprisonment up to three years
- Nikah halala — the practice requiring a divorced woman to marry and divorce another man before remarrying her former husband — is not separately criminalized under the 2019 central Act, making state-level provisions on it a notable extension beyond existing central law
The monogamy and triple talaq provisions in the draft extend and, in the case of nikah halala, go beyond existing central legislation, illustrating how a state UCC can build upon the central legal framework.
- Draft Uniform Civil Code Bill approved by the state Cabinet: 19 July 2026, for introduction in the monsoon session of the state assembly
- Non-registration of a live-in relationship beyond one month: up to three months' imprisonment or a Rs 10,000 fine
- Furnishing false information to the Registrar: three months' imprisonment and a Rs 25,000 fine
- Failure to respond to a Registrar's notice: up to six months' imprisonment and a Rs 25,000 fine
- Uttarakhand UCC rules notified: 27 January 2025; requires registration within 30 days of cohabitation
- Article 44 is placed in Part IV (Directive Principles) and is non-justiciable under Article 37
- Goa's common civil code is based on the Portuguese Civil Code, 1867
- Muslim Women (Protection of Rights on Marriage) Act, 2019: criminalizes instant triple talaq with imprisonment up to three years