Procedure for registration and termination of live-in relationship

(4) [Continuation of procedure] (b) (ii) The veracity of other information contained in the statement including the prior and existing relationship status with special emphasis on live-in relationship and marital status of the registrant(s) and also the authenticity of the documents provided/uploaded; (iii) whether the live-in relationship is unfit for registration according to the provisions contained in section 380 of the Code; (iv) Where a provisional certificate has been issued to the persons intending to enter into a live-in relationship and the registrant(s) subsequently submit(s) the information regarding the details of the accommodation to be used as shared household, the Registrar shall check the veracity of the details of landlord, copy of rent agreement & tenant verification number provided by the registrants and also get the address of the rented accommodation to be used as shared household verified before issuing the certificate of registration of live-in relationship. (c) Asking for Additional Information - If the Registrar/Registrar General needs additional information from the registrants, she/he shall ask for such additional information within ten days of the receipt of statement for registration of live-in relationship. (d) Information to the Parent(s)/Legal Guardian(s) - If one or both registrant(s) is/are below twenty-one years of age and the information provided regarding the parent(s)/legal guardian(s) is found to be correct, the Registrar shall inform the parent(s)/legal guardian(s) of both registrant(s) about the receipt of the statement of registration of live-in relationship. This may be done through Email/SMS/ WhatsApp message, and/or by post. A format of the communication to be sent in this regard is provided in Annexure - 29. (e) Late Fee for Updating Information beyond the Time Period Stipulated under clause (c) of rule 8(3)- A late fee as determined by the State Government through notification from time to time shall be chargeable if the mandatory updating of information is done beyond the time period prescribed under clause (c) of rule 8(3). (f) Actions that might follow the Summary Inquiry - (i) While conducting a summary inquiry relating to sub section (1) of section 380 of the Code, if it is revealed that the registrant(s) has/have submitted a certificate of customs & usage that permits marriage between the registrants despite them being within the degrees of prohibited relationship, the Registrar shall verify from her/his own sources or from community heads or from religious leaders whether the customs & usage actually permit marriage between a woman and a man having identical relationship. If the Registrar comes to the conclusion that the customs & usage do not permit marriage between the registrants, she/he shall refuse to register the live-in relationship; (ii) While conducting a summary inquiry relating to sub section (2) of section 380 of the Code, the Registrar shall compulsorily check the database to find out whether the registrant(s) is/are already married or is/are already in a live-in relationship with a third person. If no record is available in the database, the Registrar shall make a discrete inquiry to verify the marital/live-in relationship status of the registrant(s) through her/his own sources without disclosing names of the registrant(s) to a third person. If the Registrar comes to the conclusion that one or both of the registrant(s) is/are already married or is/are already in a live-in relationship with a third person, she/he shall refuse to register the live-in relationship; (iii) While conducting a summary inquiry relating to sub section (3) of section 380 of the Code, the Registrar shall compulsorily check the date of birth mentioned in the statement of live-in relationship along with the documents submitted as proof of date of birth. In case registrant(s) is/are minor(s), the Registrar shall refuse to register the live-in relationship; (iv) While conducting a summary inquiry relating to sub section (4) of section 380 of the Code, if the Registrar suspects that the consent of one of the registrants has been obtained by force, coercion, undue influence, misrepresentation, or fraud, the Registrar shall establish personal contact with the suspected victim by visiting her/his place of residence and/or by speaking with her/him through telephonic means. If the suspicion of the Registrar is established to be true, the Registrar shall refuse to register the live-in relationship. (g) Notice for registration of live-in relationship - (i) When a Registrar comes to know that despite being in a live-in relationship, the partners to such live-in relationship have not submitted their statement of live-in relationship in compliance of sub rule (3) of rule 15, the Registrar shall issue a notice to the live-in partners pursuant to the provisions contained in section 386 of the Code; (ii) Efforts will be made by the Registrar to ascertain the mobile number(s) of the live-in partner(s) and, alternatively, their email address(es) and if information regarding any of these becomes available, the notice shall be issued through SMS, WhatsApp or Email as the case may be. If information regarding mobile number(s)/email address(es) is/are not available, the notice shall be sent by post or delivered by hand. The format of such a notice is provided in Annexure – 30; (iii) If the registrants fail to submit the details of shared household under clause (c) of rule 8(3) or withdraw the statement of live-in relationship within the validity period of the provisional registration of live-in relationship, the Registrar shall issue a notice under section 386 of the Code. (h) Fine/Penalty and Punishment- Registrar or any person as the case may be, may file a complaint before the competent magistrate for the commission of offence under section 387 of the Code. (i) Acceptance/Rejection of a Statement of Live-in Relationship - (i) After the completion of a summary inquiry and within 30 days from the receipt of the statement of live-in relationship, under sub-section (4) of section 381 of the Code the Registrar may either issue a registration certificate or a provisional registration certificate, as the case may be, as per the format prescribed in Annexure - 31 or Annexure - 32, or pass an order rejecting the registration of live-in relationship, mentioning therein the reason(s) for such rejection. The rejection order shall also mention that an appeal may be filed against it with the Registrar General within thirty days of the receipt of the rejection order. A format of the rejection order is provided in Annexure – 33; (ii) Under sub clause (i) above the registration of a statement of live-in relationship may be rejected by the Registrar on one or more of the following grounds - (a) The registrants fall within the degrees of prohibited relationship and marriage is not permitted between them under the customs and usage followed by either of the partners, or even if permitted, it is against public policy and morality; (b) One or both registrant(s) is/are already married; (c) One or both registrant(s) is/are already in a live-in relationship with a third person; (d) One or both registrant(s) is/are minor(s); (e) Consent of one of the registrants was obtained by force, coercion, undue influence, misrepresentation, or fraud as to any material fact or circumstance concerning the other registrant, including her/his identity; (f) An averment has been made in the statement of live-in relationship which is false and which the registrant(s) know(s) or has/have reason(s) to believe to be false; (g) The registrants have withheld any material fact in the statement of live-in relationship affecting the decision of the Registrar whether to register such live-in relationship or to reject the registration; and/or (h) Additional information/clarification has not been submitted within the time limit of ten days, prescribed under clause (b) of 8(3). (j) Action to be taken in case of Provisional Registration Certificate- (i) A Provisional Certificate issued by the Registrar for registration of live-in relationship shall be valid for a period of thirty days from the date of issuance; (ii) In case the Registrants seek to extend the validity period because of their inability to find an accommodation within the thirty days' period, the Registrar may extend the validity of the Provisional Registration Certificate by a further period of fifteen days: Provided, that the request for the extension of the validity period is received prior to the expiry of the Provisional Registration Certificate; (iii) If the registrants submit a rent agreement jointly in the names of both registrants, the Registrar, after speaking with the landlord and duly verifying the authenticity of the rent agreement, tenant verification and on being satisfied about the genuineness of the agreement, shall issue the Registration Certificate of Live-in Relationship. (k) Procedure for sharing of Information with the officer-in-charge of the local police station - (i) A statement of Live-in relationship shall be electronically made available by the Registrar to the officer-in-charge of the local Police Station through the District Superintendent of Police and access to this record by any person, including the officer-in-charge of the local Police Station, shall be subject to the supervision of the District Superintendent of Police; (ii) While sharing the information with the police under sub clause (i) above, the Registrar shall explicitly mention that the information regarding the statement of live-in relationship is only for the purpose of record. (5) In case of termination of live-in relationship (a) Sharing of Information with the Local Police Station - The Registrar, on receipt of a statement of termination of live-in relationship, shall share the same with the officer in-charge of the local Police Station in accordance with the procedure prescribed under clause (f) of rule 6(5). (b) Sharing of Information with the Other Live-in Partner - The Registrar, on receipt of a statement of termination of live-in relationship by one of the partners, shall inform the other live-in partner of such statement. (c) Summary Inquiry - Once a statement of termination of live-in relationship is received, the Registrar shall - (i) conduct a summary inquiry to check the veracity of information provided by the live-in partner(s) in compliance of sub rule (1) and (3) of rule 16 and clause (b), (d), (e) of rule 6(5). (1) Process for Termination of a Live-in Relationship - Both or either of the live-in partners seeking to terminate a live-in relationship, may do so online or offline. (2) Information to be included in the Statement of Termination of a Live-in Relationship (a) The name and address of the Person(s) submitting the Statement of Termination of Live-in Relationship - Woman, Man or Both partners jointly; (b) Registration Number of Statement of Live-in Relationship; (c) Date of Termination of Live-in Relationship; (d) Details of Child - Name; age; sex of child born of the live-in relationship or adopted by the live-in partners, unless these details have been submitted earlier; and (e) Supporting Documents - For supporting the information furnished under clause (d) above - Birth/adoption certificate of the child. (3) Procedure for Online Submission of Statement of Termination of Live-in Relationship - Live-in partner(s) may submit the statement for termination of live-in relationship either by herself/himself/themselves or with the help of any agency/agencies as determined by the State Government through notification from (1) Process for Termination of a Live-in Relationship - Both or either of the live-in partners seeking to terminate a live-in relationship, may do so online or offline. (2) Information to be included in the Statement of Termination of a Live-in Relationship (a) The name and address of the Person(s) submitting the Statement of Termination of Live-in Relationship - Woman, Man or Both partners jointly; (b) Registration Number of Statement of Live-in Relationship; (c) Date of Termination of Live-in Relationship; (d) Details of Child - Name; age; sex of child born of the live-in relationship or adopted by the live-in partners, unless these details have been submitted earlier; and (e) Supporting Documents - For supporting the information furnished under clause (d) above - Birth/adoption certificate of the child. (3) Procedure for Online Submission of Statement of Termination of Live-in Relationship - Live-in partner(s) may submit the statement for termination of live-in relationship either by herself/himself/themselves or with the help of any agency/agencies as determined by the State Government through notification from time to time. For which the agency/agencies may charge a service fee, as determined by the State Government. In both cases the following procedure shall be followed:- (a) Visit and follow the step-by-step procedure prescribed in the official Web- portal of the Code, i.e., www.ucc.uk.gov.in or download the Mobile App and follow the step-by-step procedure prescribed therein; (b) For submitting a statement, one of the partners in a live-in relationship shall be required to login through her/his Aadhaar number which will be verified each time; (c) The Web-portal/Mobile App shall be so designed that after logging in, the live in partner(s) is/are guided in a step-by-step manner to either enter the requisite information or select one of the options from a menu of choices or upload a copy of a document. Before logging-in, the live-in partner(s) is/are advised to keep the information required under sub rule (2) of rule 16 readily available so that the submission of statement of termination of live-in relationship takes place smoothly. (4) Procedure for Offline Submission of Statement of Termination of Live-in Relationship – (a) For offline submission of statement of termination of live-in relationship, the live-in partner(s) who wish(es) to terminate the live-in relationship shall present the statement of termination of live-in relationship in the format prescribed at Form - 4, along with the supporting documents, to the Registrar concerned. The live-in partner(s) may find out the jurisdictional Registrar by visiting the official Web-portal of the Code, i.e., www.ucc.uk.gov.in or through the Mobile App; (b) The statement of termination of live-in relationship through the aforesaid process shall be submitted to the Registrar concerned physically. (5) Fees for Termination of Live-in Relationship - A fee as determined by the State Government through notification from time to time, shall be payable for terminating the live-in relationship either in cash for offline process of termination or through digital modes for online process of termination. For offline process of termination, the live-in partner(s) shall fill in a challan as per Annexure - 28 and deposit the fee in any commercial bank and obtain a receipt of challan. For online process of termination digital payments may be made through net banking, through credit or debit card, or through UPI options.