AS INTRODUCED IN LOK SABHA

Bill No. 01 of 2019

THE UNIFORM CIVIL CODE ON DIVORCE BILL, 2019

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ARRANGEMENT OF CLAUSES

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CHAPTER I

PRELIMINARY

CLAUSES

1. Short title, extent and commencement

2. Application of the Act
3. Definitions
4. Overriding effect of the Act

CHAPTER II

DIVORCE

5. Grounds of Divorce
6. Divorce by Mutual Consent
7. Irretrievable Breakdown of Marriage
7A. Restitution of Conjugal Rights
7B. Judicial Separation

CHAPTER III
 JURISDICTION AND PROCEDURE

8. No petition for divorce to be presented within one year of marriage

9. Court to which petition shall be presented
10. Maintenance during proceedings.

AS INTRODUCED IN LOK SABHA

Bill No. 01 of 2019

 THE UNIFORM CIVIL CODE ON DIVORCE BILL, 2019
A

BILL

to have the uniform civil laws for the dissolution of marriage irrespective of the religion, to account the
constitutional mandate of securing gender justice and equality for all citizens, to govern all citizens with
the same set of secular laws in respect of divorce, irrespective of religion, caste, tribe and gender etc.
and to treat every person equally and also so that just, fair and predictable laws protect everyone.

Be it enacted by Parliament in the Seventieth Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

Preamble. - WHEREAS it is expedient to provide a Uniform Civil Code on Divorce for India.

It is enacted as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Uniform Civil Code on
Divorce Act, 2019.

(2) It shall extend to the entire continental territory of India including nearby Island and shall also
extend to the state of Jammu and Kashmir.

2. Application of the Act. - This Act uniformly applies to every citizen who possesses the
citizenship of India irrespective of religion, caste, tribe and gender etc.

3. Definitions.- In this Act, unless the context otherwise requires,-

(i) the term “divorce” signifies the legal dissolution of marriage.
(ii) the term “spouse” signifies a person's partner in marriage irrespective of gender.
(iii) the term “sodomy” or “bestiality” refers to anal or oral sex between people or sexual activity
between a person and a non-human animal (bestiality), but it may also mean any non-procreative
sexual activity.
(iv) the term “LGBTQ” signifies Lesibians, Gay, Bisexual, Transgender, Queer and others.
4. Overriding effect of Act.- Save as otherwise expressly provided in this Act,-
(a) any text rule or interpretation of Personal law or any custom or usage as part of that law in
force immediately before the commencement of this Act shall cease to have effect with
respect to any matter for which provision is made in this Act;
(b) any other law in force, immediately before the commencement of this Act shall cease to have
effect.

CHAPTER II

DIVORCE

5. Grounds of Divorce.- (1) Any marriage solemnized, whether before or after the commencement
of this Act, may, on a petition presented by either of the spouse, be dissolved by a decree of
divorce on the grounds that the other party has-
(i) after the solemnization of the marriage, had neglected or failed to maintain the
other spouse who is not able to maintain herself/himself; or
(ii) after the solemnization of the marriage, had voluntary sexual intercourse with
any person other than his or her spouse; or
(iii) deserted the petitioner for a continuous period of not less than two years
immediately preceding the presentation of the petition; or
(iv) after the solemnization of the marriage, treated the petitioner with cruelty-
physical or mental; or
(v) has converted to any other religion; or
(vi) been incurably of unsound mind, or has been suffering continuously or
intermittently from mental disorder of such a kind and to such an extent that the
petitioner cannot reasonably be expected to live with the respondent; or
(vii) been suffering from a virulent and incurable form of leprosy; or
(viii) been suffering from venereal disease in a communicable from; or
(ix) renounced the world by entering any religious order; or
(x) not been heard of as being alive for a period of seven years or more by those
persons who could naturally have heard of it, had the party been alive;
(xi) after the solemnization of the marriage, had voluntary involved in extra marital
affair; or
(xii) after the solemnization of the marriage, had willfully refused to consummate the
marriage; or
 (xiii) after the solemnization of the marriage, had been guilty of sodomy or bestiality.
(xiv) after the solemnization of the marriage, had done bigamy and the provisions of
sections 494 and 495 of the Indian Penal Code, 1860.

(2) A wife may also present a petition for dissolution of her marriage by a decree of divorce on
the ground that the husband has, since the solemnization of the marriage, been guilty of rape; or

(3) the phrase ‘either of the spouse’ used in the above clauses of this section includes LGBTQ
community.

6. Divorce by Mutual Consent. - (1) Subject to the provisions of this Act a petition for dissolution
of marriage by a decree of divorce may be presented to the district court by both parties to a
marriage together, on the ground that they have been living separately for a period of one year or
more, that they have not been able to live together and that they have mutually agreed that the
marriage should be dissolved.

7. Irretrievable breakdown of marriage. – (1) Either party to a marriage, whether solemnized

before or after the commencement of this Act, may also present a petition for the dissolution of
the marriage by a decree of divorce on the ground-
(i) That there has been no resumption of cohabitation between the parties to the marriage for
a period of one year or more after the passing of a decree for judicial separation in a
proceeding to which they were the parties; or
(ii) That there has been no restitution of conjugal rights as between the parties to the
marriage for a period of one year or more after the passing of a decree for restitution of
conjugal rights in a proceeding to which they were parties.

7A. Restitution of Conjugal Rights. - The decree of Restitution of Conjugal rights may be granted by
the court when either of the spouse has, without reasonable excuse, withdrawn from the society of the
other, the aggrieved party may apply by petition to the district court, for the restitution of conjugal rights.

7B. Judicial Separation.-Either party to a marriage, may present a petition praying for a decree of
judicial separation any of the grounds specified in the sub-section (1) of section 5, and in the case of wife
also on any of the grounds specified in the sub-section (2) thereof, as grounds on which petition of
divorce might have been presented.
8. No petition for divorce to be presented within one year of marriage. – (1) Notwithstanding
anything contained in this Act, it shall not be competent for any court to entertain any petition for
dissolution of a marriage by a decree of divorce, since the date of the marriage:
Provided that the court may, in exceptional cases of the petitioner allow the petition for dissolution of
marriage by a decree of divorce, only upon the application made to it in accordance with such rules as
may be made by the High Court in that behalf.

CHAPTER III
JURISDICTION AND PROCEDURE

9. Court to which petition shall be presented. – Every petition under this Act shall be presented to the
District court within the local limits of whose ordinary original civil jurisdiction-
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the
respondent is, at the time, residing outside the territories to which this Act extends, or has
not been heard of as being alive for a period of seven years or more by those persons who
would naturally have heard of him if he were alive.

10. Maintenance during proceeding. – All the expenses of Judicial Proceeding. Either of the spouse,
who is more capable of maintaining their living standards before filing of the petition is bound to give
one-fifth of the salary to the other spouse, or as by the discretion of the court.

STATEMENT OF OBJECTS AND REASONS

The core object and reason behind introducing Uniform Civil Code in Divorce is that Constitutional Law
will override religious laws in a secular republic. Many practices governed by religious tradition are at
odds with the Fundamental Rights guaranteed in the Indian Constitution. The idea of Uniform Civil Code
on Divore for all India is regarded as eminently foster to give the idea of national unity and integrity and
argued the motto of “one citizen one law”.
New Delhi; RAVI SHANKAR PRASAD

The 30th August, 2019

LOK SABHA