Redefining Legitimacy: Rights Of Children Born In Live-In Relationships In India
- IJLLR Journal
- Jan 20
- 1 min read
Abhimanyu S G, LLB (Hons), National Law School of India University, Bengaluru
ABSTRACT
This paper provides a critical analysis of the legal status and rights of children born in live-in relationships in India, a subject that is becoming increasingly important in today's changing social landscape. Although live- in relationships are not officially recognized as marriages, they are treated similarly to marital unions under certain conditions, which raises complex legal issues regarding the legitimacy and rights of children born from these arrangements. The study delves into important topics such as inheritance, maintenance, and custody, while also examining the gaps in legislative frameworks and judicial interpretations. Employing a doctrinal research methodology, the paper thoroughly investigates primary sources, including key statutes like the Hindu Marriage Act of 1955 and the Hindu Minority and Guardianship Act of 1956, as well as landmark cases such as Tulsa v. Durghatiya and SPS Balasubramanyam v. Suruttayan. Additionally, it includes a comparative analysis of scholarly views and judicial decisions to highlight inconsistencies within the current legal frameworks. The findings indicate that while courts have recognized the legitimacy of these children, their rights are largely confined to self-acquired parental property, leaving out ancestral claims. The study emphasizes the urgent need for legislative reforms to guarantee equal rights and comprehensive protections for these children. It concludes by calling for a uniform legal framework to clarify the uncertainties surrounding non-marital family structures.
