Rights of Children born out of Live-In Relationship

In our Indian culture, Live-in Relationship has yet not gained full recognition in the society. On the contrary, marriage is considered as the foundation of society. However, the concept of both the relationships lies in staying together under one roof as a married couple. This western concept of live-in relationship has created disagreement between the young generation and the old generation. In India children born out of live-in relationship have been considered as “legitimate in law, illegitimate in fact”

STATUS OF LIVE IN:

In Lata Singh V. State of U.P. & S. Khushboo V. Kanniammal,  it was held that men and women can live together in a relationship without being married. We need to analyse the practical and legal aspects of such unions before debating about the morality of marriage and live- in-  relationship. Various social and economic factors are involved in deciding the future course of marriage or live-in- relationship. Live-in-relationship is generally termed as cohabitation and it may or may not be accompanied by sexual relationship. There is no registration required for a live-in- relationship. It is an alternative for marriage where people of the same sex or different sex can stay together under one roof.

LEGITIMACY OF CHILD:

The utmost right for a child born in live-in-relationship is the right to legitimacy. Further, this forms the basis of all other rights available to children in our country. In the landmark case of, Balasubramanyam V. Sruttayan, it was held “If a man and woman are living under the same roof and cohabiting for some years, there will be a presumption  u/s 114 of the Evidence Act that they live as husband and wife and children born to them will not be illegitimate.”

Most important need for this relationship is that any child born as a result of it will be considered to be an illegitimate child.

In India courts have considered that partners can stay under one roof and cohabit for significant time, society will recognize them as husband and wife. Courts itself said, “it shall not be a walk in walk out relationship. On the contrary, factually, it is this type of relationship only.

RIGHTS TO PROPERTY:

According to the decision of the Supreme Court in the case of Bharath Mata & Ors, “children born out of live-in relationships may be allowed to inherit in succession of the property of parents and afterwards be awarded legitimacy in the eyes of the law.” Vijaya Renganathan & Associates, V. V. This is in accordance with Article 39(f) of the Constitution, which states that children are entitled to benefits as legal heirs.

MAINTENANCE:

Maintenance is the obligation to provide to the other person. Maintenance law has the applicability in live-in- relation in the same way as of marriage. Hindu Adoptions and Maintenance Act, 1956, Section 21, is also applicable on the couple staying in live-in-relationships and children born out of such relationships.

CUSTODY:

The custody of a child born from a live-in-relationship is a significant legal barrier. This relationship gets more complicated in comparison to marriage because of the absence of express laws. Custody issues for a child born out of a live-in relationship are dealt with in a similar manner as in the case of marriage due to the absence of specific laws.

Gita Hariharan v. Reserve Bank of India, a well-known case, determined that “father is the natural guardian of the legitimate children.” However, because it gives the mother the right to custody of any children born as a result of illegitimate partnerships, Section 6(b) of the same statute appears to deal with live-in relationships indirectly.

Thus, it can be interpreted that custody is given to the father at first instance.

Lead India lawyers help you in interpreting the laws applicable to live-in-relationship while keeping your rights a priority. Our lawyers believe that in all these types of issues, practical approach is required and we here understand your requirement in much better terms and serve you the best.