INTRODUCTION
The Rajasthan Uniform Civil Code (Bill), 2026 was proposed to the State Legislative Assembly in India on August 21, 2026. The bill aims at making provisions for marriage, divorce, succession, maintenance, and live-in relationships in respect of those people who come under the ambit of the said bill. This bill will aim at substituting the Rajasthan Compulsory Registration of Marriages Act, 2009. However, it has not yet been enacted and should not be treated as law currently in force.
BACKGROUND
Based on recommendations of a committee headed by Justice Ranjana Prakash Desai, the Bill falls under Entry 5 of the Concurrent List. Article 44 of the Constitution directs the State to endeavour to secure a Uniform Civil Code for citizens. It would apply in Rajasthan and, in specified circumstances, to its residents outside the State. Scheduled Tribes and groups protected under Part XXI are exempt.
KEY POINTS
Marriage: The Bill permits marriages to be solemnised through customary practices, religious beliefs and rites, but prohibits a person from marrying while their spouse is alive or within specified prohibited degrees of relationship, subject to recognised customs. It retains the marriageable age of 21 years for men and 18 years for women. Marriages solemnised after commencement, where at least one party is a Rajasthan resident, must be registered within 60 days. Failure to register may attract a penalty of up to Rs. 10,000; however, non-registration would not invalidate the marriage.
Divorce: The Code provides for grounds of divorce, judicial separation and restitution of conjugal rights. Final decrees of divorce and annulment shall be registered. It prohibits divorce by custom not covered under the provisions of the Bill. A person who dissolves a marriage in contravention of this requirement may face imprisonment of up to three years and a fine. The Bill also provides for maintenance during proceedings, permanent alimony and post-decree maintenance, and orders on the custody and maintenance of minor children.
Live-in relationships: The Bill defines a live-in relationship as cohabitation by a man and woman in a shared household through a relationship in the nature of marriage. Partners are required to submit a statement to the Registrar, generally within one month. Non-registration may attract imprisonment of up to three months, a fine of up to Rs. 10,000, or both. A woman deserted by her partner may claim maintenance, and children born from such relationships are recognised as legitimate. The statement is communicated to the police; if either partner is below 21, their parents must also be informed. A relationship involving a person already married or already in another live-in relationship may attract penal consequences, including imprisonment of up to five years and a fine.
ANALYSIS
The Bill raises questions concerning privacy, autonomy and the limits of State regulation of intimate relationships. In S. Khushboo v. Kanniammal, (2010) 5 SCC 600, the Supreme Court recognised that consenting adults choosing to live together falls within the protection of Article 21. Further, in Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368, the Court affirmed an adult’s autonomy in choosing a partner. Registration, Police Communication and Parental Notice of Adults in the age group of 18 to 20 can therefore attract constitutional challenge.
Penalty for relationships with a spouse is questionable in light of the judgment in Joseph Shine v. Union of India, (2019) 3 SCC 39, where adultery has been decriminalized by stating that the State cannot impose penal action only to ensure marital faithfulness. PRS has also pointed out ambiguities regarding the point of time where cohabitation becomes a relationship “in the nature of marriage”.
However, the Rajasthan Uniform Civil Code Bill, 2026, envisions substantial reform of the family laws with the standardization of laws related to marriage, divorce, and live-in relations. The bill aims to offer some legal recognition and protection but raises many concerns regarding individual freedom and constitutional viability. The Bill’s implications will depend on legislative consideration, any amendments and the constitutional scrutiny it may face before becoming law.
“PRIME LEGAL is a National Award-winning law firm with over two decades of experience across diverse legal sectors. We are dedicated to setting the standard for legal excellence in civil, criminal, and family law.”
WRITTEN BY- PRIYANSHI CHOUDHARY
