LEGITIMACY OF CHILDREN BORN OUT OF LIVE-IN- RELATIONSHIPS

LEGITIMACY OF CHILDREN BORN OUT OF LIVE-IN- RELATIONSHIPS

Marriage is a sacrament, a legally and socially sanctioned union, usually between a man and a woman, that is regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties of the partners and accords status to their offspring (if any). 

Live-in-relationship is an association where two people of same sex or different sex cohabit out of marital relationship for a particular period of time which is not decided. It may be for a shorter period of time or longer period of time. 

Heterosexual couples who are in live-in-relationship are called “co-habitant”, same sex couples are legally defined as “civil partners”.

If a man and woman cohabit as husband and wife for a long duration, one can draw a presumption in their favour that they were living together as a consequence of a valid marriage. This presumption can be drawn under section 114 of Evidence Act.

Live-in relationships have been legally recognized in many countries like, Scotland, France, UK, Canada, Ireland, Australia, US etc,. 

India has also recognized live-in relationships. As per the Honorable Supreme Courts ruling, for a man and a woman in love to live together is part of the right to life; therefore, a live-in relationship is no longer an offence. 

The Maharashtra Government in October 2008 approved a proposal suggesting that a woman involved in a live-in relationship for a ‘reasonable period’ , should get the status of wife. Whether it is a ‘reasonable period’ or not is determined by the court based on the circumstances of the case.

The Malimath Committee observed that “ if a man and a woman are living together as husband and wife for a reasonable period, the man shall be deemed to have married the woman.” It had also suggested that the word ‘wife’ under Cr.P.C be amended to include a ‘woman living with a man like his wife’ so that even a woman having a live-in relationship with a man would also be entitled to alimony. 

Children born out of Wedlock are considered as legitimate. Then what about children born out of live-in relationships which are recognized ?

A valid marriage between parents at the time of childbirth is sine qua non for determining the legitimacy of children across the globe. Legitimacy is an essential legal requisite to determine issues of custody of the child, inheritance, maintenance,etc. Section 112 of Indian Evidence Act,1872 deals with childbirth during marriage and regards it as conclusive proof of legitimacy. 

All the time the court looks into the benefit of children in such family laws. So they don’t want to label a child as an illegitimate. 

In India, currently children born out of live-in relationships are not legitimate in the eyes of existing legitimacy laws. Children born out of such relationships are considered “legitimate in law, illegitimate in fact.”

In SPS Balasubramanyam vs Surattayan case SC held that if the couple live under the same roof and cohabiting for some years they are presumed to be married under section 114 of Indian Evidence Act, 1872. So the children born out of such relations are also considered as legitimate.

In Revansiddappa vs Mallikarjun case Court held that irrespective of relation between the parents, any child born out of such relationships are considered to be innocent and legitimate and they can acquire all the rights and privileges which a child born out of a valid marriage acquires. 

Conclusion: Children born out of live-in relationships are considered as legitimate and equally treated as a child born out of wedlock. They even have right to inherit the property of their parents.

**Author: Sushma Swaraj Mamillapalli, a student at ICFAI Law School, Hyderabad