Legal rights and safeguards for children born out of live-in relationships can differ based on the jurisdiction. The rights and legitimacy of children in these kinds of relationships are frequently covered by family law frameworks.
Regardless of their marital status, both parents are responsible for their children under many legal systems. This entails having to decide how to raise the child, give them financial support, and continue to be in contact with them.
Offspring resulting from cohabiting couples may be eligible to receive inheritance from their parents’ assets. Nonetheless, inheritance rules can differ significantly between states and rely on things like whether or not the child’s parents have officially recognised them as their own and whether or not there are any wills or estate plans in place.
It is a requirement of most legal systems that parents, regardless of their marital status, give their children financial assistance. Children born out of live-in partnerships are usually subject to this responsibility, and child support orders may be enforced by the courts to make sure the kid’s needs are satisfied.
Certain legal regimes grant legal recognition to offspring resulting from cohabiting couples. Provisions for proving paternity, registering the child’s birth, and guaranteeing entitlements like healthcare and education may be included in this acknowledgment.
The best interests of the kid may be taken into consideration by the courts when deciding custody and visitation schedules following a parent’s separation or disagreement. Usually taken into account are elements like the stability of the home environment, the strength of the parent-child bond, and each parent’s capacity to provide for the child’s needs. Depending on the laws in the area, children born into live-in couples may be eligible for a number of social welfare benefits, including health insurance, child care subsidies, and educational support.
In a cohabiting relationship, both parents typically have responsibilities and rights over their kids. These may include the authority to decide how the child will be raised, the ability to view the child’s medical and educational records, and the duty to see to it that the child’s welfare and safety are met.
It’s critical for parents in cohabiting relationships to understand their legal responsibilities and rights with regard to their children. If necessary, they should also get legal counsel to make sure their rights are respected and safeguarded.
THE CONCEPT OF LIVE-IN RELATIONSHIPS IN INDIA
The concept of live-in relationship in India can be understood as a couple living together without getting married. This concept was criticised for a long time in India as it opposed the cultural norms of our country which emphasize on getting married. In India marriage is considered as ‘sacred union’.
The concept of live-in relationship is more popular in the developed cities of India where people are aware and concerned about their compatibility. Although pre-marital sex is not much welcomed by the Indian society but due to the dynamic nature of our society, the thoughts on live-in relationships have gone through a change.
People now have broaden their approach towards these kind of relationships. Certain portion of Indian population has accepted the idea of live-in relationship while others are still critic about the same.
There are several challenges to live-in relationships in India which include:
- The Indian society is not fully prepared to accept the concept of cohabitation of couples before marriage.
- There is no legislation specifically made for the live-in relationships.
- It is unclear whether the existing laws can be amended to accommodate the concept of live-in relationship.
LEGAL STATUS OF LIVE-IN RELATIONSHIPS IN INDIA
Although there is no legislation specifically governing the live-in relationships in India, there are several judgements passed by the Supreme Court which act as judicial precedents to determine the legal status of live-in relationships in India.
The Supreme Court declared the live-in relationships to be legitimate in the case of [[1]]Badri Prasad v. Dy. Director of Consolidation (1978) In this case, the court opined that this kind of relationship between two adults is legitimate if all the requirements of marriage are fulfilled. There is no rule which approves of or bans these relationships.
In another case named[[2]]Lata Singh v. State of U.P. (2006), the Supreme Court stated that live-in relationships are not illegal under any legislation irrespective of their ethical status.
Followed by the case of [[3]]Indra Sarma v. VKV Sarma (2013) it was held that if two unmarried people enter into such mutual relationship, it does not constitute a offence.
LEGITIMACY OF CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS
[4]Children born out of void and voidable marriages are considered as legitimate under section 16 of The Hindu Marriage Act 0f 1955 and section 26 of Special Marriage Act of 1954. These children have the right to inherit their parents’ property only and have no rights over the property of Hindu undivided family and therefore cannot claim their parents’ ancestral property.
The children born out of live-in relationship were given legal validity in the case of [[5]]S.P.S. Balasubramanyam v. Suruttayan (1993). The Supreme court ruled that if a man and a woman lived together in the same house for a significant period of time there is presumption of marriage under sec 114 of The Indian Evidence Act of 1872.
The Supreme Court granted a part of parents’ property to children born out of live-in relationships in the case of [[6]]Bharatha Matha & Anr vs R. Vijaya Renganathan & Ors. Court ruled that the children born out of live-in relationships cannot be considered as illegitimate if the relationship lasted for a long period of time.
RIGHTS OF CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS
The rights granted to children born out of live-in relationships can be broadly divided into three categories. These include rights related to their custody, rights related to the property and maintenance rights.
- Custodial Rights:
When it comes to the custodial rights of these children, child custody is governed by sec 6 of The Hindu Minority and Guardianship Act. It was stated in the case of [[7]]Gita Hariharan v. Reserve Bank of India that the father is the natural guardian when they are minors but the mother takes up the guardianship when the father is not able to do so. However sec 6 (6) of the same Act gives custodial rights to the mother in case of children born out of illegitimate relationships. In spite of this, there is uncertainty about the applicability of personal laws to children born out of live-in relationships.
- Property Rights:
Inheritance rights have been granted by various personal laws. Inheritance is often understood as the transfer of properties, titles and obligations of a person to his legal heirs upon his/her death. Although there is no clarity regarding the inheritance or property-related rights of the children born out of live-in relationships due to absence of a statutory framework governing live-in relationships, the previous judgements of the courts act as judicial precedents to determine the property rights of such children. The Supreme Court in its 2008 ruling held that the children born out of live-in relationships will have the same inheritance rights as the legal heirs.
- Maintenance Rights
Maintenance is often understood as the duty to care for another individual. Sec 125 of the Code of Criminal Procedure 1973, has a provision for maintenance for the children irrespective of their legitimacy if they are minors or are unable to support themselves financially after attaining majority. This was held in the case of [[8]]Dimple Gupta vs. Rajiv Gupta.
It was also held in the case of [[9]]PV Susheela vs. Komalavally that the denial of maintenance to the children born out of live-in relationships is an infringement of [10]their fundamental right to life granted under Article 21 of the Indian Constitution and thus this can be challenged under Article 32 of the Constitution.
NEED FOR A STATUTORY FRAMEWORK GOVERNING LIVE-IN RELATIONSHIPS
There are various reasons that necessitate the need to have a statutory framework to govern live-in relationships in India. A few of them are elaborated below:
- To safeguard the rights of children born out of these relationships: One of the most important reason to have a statutory framework governing live-in relationships is to protect the rights of the children born out of these relationships. Although the judicial precedents ensure justice and best interest of these children, there is still ambiguity regarding their legitimacy, rights and the applicability of personal laws to these children.
- To define the legitimacy of these relationships: As there is no statutory framework regarding live-in relationships, it becomes difficult to determine the legitimacy of such relationships. There is no statute which makes these relationships legal or illegal.
- Protection of the rights of the women: It is necessary to have a statutory framework governing these relationships to protect and safeguard the rights of women. As there is no clear stance regarding the reproductive freedom of abortion a woman has I such relationships.
CONCLUSION
Children in live-in relationships have legal rights and legitimacy that protect their welfare and best interests. Courts frequently recognise these children as legitimate offspring with rights to financial support, inheritance, and other advantages comparable to those of children born into a traditional marriage. To safeguard their children’s rights and interests, parents in live-in relationships need to be informed about the potential legal repercussions and seek legal advice. State laws governing inheritance may differ, however children born to cohabiting spouses may be entitled to inherit from their parents’ possessions. After a parent separates or disagrees, courts may take the child’s best interests into account when determining custody and visiting arrangements.
Through this article, we have reached to the conclusion that children born out of live-in relationships have similar rights as to inheritance of property, maintenance and custody. They are also considered as legitimate children of the couple and hence have all the rights at par to the children born out of void and voidable marriages. Although Indian society is slowly accepting and welcoming the concept of live-in relationships, there is a need for a statutory provision regarding the live-in relationships to safeguard the rights of the children born out of the live-in relationships.
[[1]] Badri Prasad v. Dy. Director Of Consolidation And Others ., Judgment https://www.casemine.com/judgement/in/5609abcce4b014971140d5bf.
[[2]] Lata Singh v. U.P. & Another, 3499 All India Reporter (Supreme Ct. India 2006).
[[3]] Indra Sarma v. V.K.V Sarma ., Judgment https://www.casemine.com/judgement/in/5609af32e4b0149711415ca2.
[4] Rachit Garg, Are live-in relationships legal in India – iPleaders, IPleaders (Sept. 13, 2022), https://blog.ipleaders.in/are-live-in-relationships-legal-in-india/.
[[5]] S.P.S Balasubramanyam v. Suruttayan Alias Andali Padayachi And Others, Judgment https://www.casemine.com/judgement/in/5609ac97e4b014971140f3d4.
[[6]] Bharatha Matha And Another v. R. Vijaya Renganathan And Others, Judgment https://www.casemine.com/judgement/in/5609aee7e4b0149711415176.
[[7]] Githa Hariharan (Ms) And Another v. Reserve Bank Of India And Another, Judgment https://www.casemine.com/judgement/in/5609ad58e4b014971141121c.
[[8]] Dimple Gupta (Minor) v. Rajiv Gupta ., Judgment https://www.casemine.com/judgement/in/5609ae59e4b01497114138a4.
[[9]] P.V. Susheela v. Komalavally, 376 DMC (Kerala High Ct. 1999).
[10] Court allows PIL against doctors’ stir, (June 25, 2012), https://www.deccanherald.com/content/259472/court-allows-pil-against-doctors.html.
Author: Arya Kane
Juris Centre 