NAME OF THE AUTHOR AND DESIGNATION:

Aarthy. G B.A.B.L., (HONS), LLM (CONSTITUTIONAL LAW AND HUMAN

RIGHTS) 2nd Year, School of Excellence in Law, TNDALU.

TITLE OF THE PAPER: RIGHTS OF A CHILD BORN OUT OF LIVE-IN

RELATIONSHIP

EMAIL ADDRESS: aarthyfemi96@gmail.com

 RIGHTS OF A CHILD BORN OUT OF LIVE-IN RELATIONSHIP

Abstract:

The article deals with the legal status, rights and protection of children born out of
live-in relationship in India. The fabric of Indian Culture is woven with culture and
tradition. Marriage is a social institution and it is considered as one of the most
important sacred bond but sadly the concept of live-in relationship has now entered
into India, thereby staining the purity of Indian culture. It has also brought drastic
changes in the living pattern of many across the nation in the millennial age resulting
in dissension among different groups of people.
The most common phrase that elucidates live-in relationship is that “it is better to be
in living together relationship rather than getting a divorce.” In the light of vast
cultural diversity, there are separate laws established for the purpose of execution of
marriages according to each religion. These laws are enumerated in order to provide
remedies to settle disputes arising out of marriage. There is no legal definition or any
laws in India that deals with live-in relationship and therefore, the legal status of such
type of relationship is still unconfirmed. Although Supreme Court of India has
granted legal status to Live-in Relationship in some of the precedent cases, there are
several questions and issues that are unanswered.

The first time when the Supreme Court held the legitimacy of children born out of
live-in relationship was in S.P.S. Balasubramanyam v. Suruttayan, the Supreme
Court said, “If a man and woman are living under the same roof and cohabiting for
some years, there will be a presumption under Section 114 of the Evidence Act that they
live as husband and wife and the children born to them will not be illegitimate.”

In another case Bharatha Matha v. R. Vijaya Renganathan, the Supreme Court

held that a child born out of a live-in relationship may be allowed to inherit the
property of the parents and therefore be given legitimacy in the eyes of law.

Children are the most valuable assets of our nation and they need proper care and
attention, this article will throw light on the rights of children born out of live-in
relationship. The need of the present hour is not to try bringing live-in relationships
under the ambit of any existing law, but to enact a new law which would look into the
disputes arising out of live-in relationship. The right time has come that efforts should
be made to enact a law having clear provisions with regard to the time span required
to give status to the relationship, registration and rights of parties and children born
out of it.