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Rights Of Child Born From Live-In Relationship




Sahil Afnan S, School of Law, Presidency University, Bangalore, Karnataka, India


CHAPTER I – INTRODUCTION TO LIVE-IN RELATIONSHIPS


1.1 INTRODUCTION:


A live-in relationship, simply put, is a relationship in which both partners enjoy their individual freedoms and live together in a house without being married to each other. It involves a stable and peaceful coexistence of two partners without any liability or responsibility towards each other. In that case, no law binds any people living together and they can leave whenever they want without any consequences. They are exempt from any responsibility and liability to each other. So it is also reasonable to consider that there is no liability if one person wants to leave the other partner. But that changes when a child is born in a live-in relationship. The legal status of a child born in a live- in relationship is unclear, and therefore a number of courts have provided descriptions of the concept of such relationships in various judgments. There is no proper legal definition of a live in relationship, and for this reason the legal status of such a relationship is doubtful. Indian law does not provide for any rights or obligations of parties in a live-in relationship. The status of children born from such a relationship is also unclear, and for this reason, courts have provided descriptions of the term live-in relationships in several judgments in recent years. Courts have liberally declared that any man and woman who have lived together for a long period of time will be considered legally married unless the contrary is proven. Henceforth there are no special laws relating to live in relationships in India. The upper echelons of Indian culture are increasingly accepting partnerships for life, but the middle class remains below cultural expectations and the same cannot be seen in the upper stratum of the society. While some countries have recognized the live-in relationship concept and given it legal legitimacy by creating the concept of live-in relationship registration, which is nothing but a cohabitation agreement, others have not. Countries like Canada and China use this technique.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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