On 1 October 2026, the Government of Gujarat notified the Gujarat Uniform Civil Code, 2026, a comprehensive family law legislation governing marriage, divorce, maintenance, inheritance, succession, wills, probate, and live-in relationships.
The Code received Presidential assent on 17 September 2026.
The Code seeks to establish a common civil framework across communities covered by the legislation while preserving constitutional exclusions relating to Scheduled Tribes and certain protected customary groups. It introduces mandatory registration of marriages and live-in relationships, provides a uniform succession framework, and standardises matrimonial remedies and inheritance rights.
The Code extends to the whole of Gujarat and also applies in specified circumstances to residents of Gujarat living outside the State. The legislation excludes Scheduled Tribes recognised under Articles 366(25) and 342 of the Constitution and persons whose customary rights are protected under Part XXI of the Constitution.
The Act requires registration of marriages covered by the Code within the prescribed timeframe and establishes a registration framework for live-in relationships. Various compliance obligations and penalties are linked to these registration requirements.
Before the enactment of the Gujarat Uniform Civil Code, 2026, family law matters such as marriage, divorce, inheritance, and succession were governed by various personal laws applicable to different communities. The objective of the legislation is to bring uniformity to important civil law matters while allowing individuals to continue following their own religious and customary marriage ceremonies. The Code focuses on creating common legal consequences and procedures rather than imposing a uniform religious practice.
The following are the key provisions:
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The Gujarat Uniform Civil Code comprises 398 Sections and 7 Schedules regulating laws relating to marriage, divorce, succession, live-in relationships and connected matters.
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Section 2 of the Code defines key terms such as “child”, “custom and usage”, “degree of prohibited relationship”, “estate” and “minor”, and also clarifies concepts including “full blood”, “half blood” and “uterine blood” for the purposes of succession and family-related provisions.
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Section 4 prescribes common conditions for a valid marriage, that can be:
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Neither party should have a living spouse at the time of marriage,
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Both parties must have the legal capacity to consent, and the
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Minimum age for marriage remains 21 years for men and 18 years for women.
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Marriages within prohibited degrees of relationship are generally not permitted unless validated by a recognised custom.
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The legislation does not prescribe a common form of marriage ceremony. Section 5 of the Code recognises that marriages may continue to be solemnised through Nikah, Saptapadi, Anand Karaj, Christian rites, Arya Samaj ceremonies, Jewish customs, and other recognised religious or customary practices. However, registration of marriages has been made mandatory under the Code.
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Under Section 10, marriages solemnised after the commencement of the Code must be registered within 60 days.
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The Code establishes a uniform framework for divorce. Grounds include adultery, cruelty, desertion, conversion of religion, unsoundness of mind, certain diseases, renunciation of the world, presumption of death after prolonged absence, and specified failures relating to maintenance obligations.
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The legislation also provides for divorce by mutual consent subject to statutory conditions.
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Courts are empowered to grant interim maintenance, permanent alimony, child custody orders, and directions relating to the welfare and education of children. The welfare of the child remains the paramount consideration in custody matters.
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One of the most significant reforms introduced by the Code is the establishment of a common framework governing intestate succession. The legislation classifies heirs into statutory categories and provides a structured mechanism for distribution of estates.
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The definition of child under the legislation includes biological children, adopted children, children born through surrogacy, and children born through assisted reproductive technologies. This ensures equal treatment of such children in matters relating to inheritance and succession.
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The Code contains detailed provisions relating to wills, codicils, probate, letters of administration, succession certificates, and estate administration. It provides a consolidated legal framework for transfer and management of property after death.
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The Code requires registration of eligible live-in relationships and prohibits registration in cases involving minors, existing marriages, existing live-in relationships, prohibited relationships, or circumstances involving force, coercion, fraud, or misrepresentation.
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Section 385 recognises the legitimacy of children born from live-in relationships and provides maintenance remedies for women deserted by their live-in partners.
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A woman deserted by her live-in partner may seek maintenance through the competent court.
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The Code prescribes penalties for specified violations involving bigamy, prohibited marriages, fraudulent marriages, unauthorised dissolution of marriage, and non-compliance with registration obligations relating to live-in relationships.
The Gujarat Uniform Civil Code, 2026 represents a major shift in the regulation of family law in Gujarat. By introducing mandatory registration mechanisms and a common framework for inheritance and succession, the legislation aims to provide greater certainty and uniformity in civil law matters. Overall, the Code marks a significant legislative development in India’s ongoing discourse on uniform civil laws.
Also Read
[Gujarat Uniform Civil Code, 2026, dated 1 October 2026]
