Discuss the legal status of a child born out of a live-in relationship under the Hindu Marriage Act, 1955.

Question: Discuss the legal status of a child born out of a live-in relationship under the Hindu Marriage Act, 1955.

Find the question and answer of Hindu Law only on Legal Bites. [Discuss the legal status of a child born out of a live-in relationship under the Hindu Marriage Act, 1955.]

Answer

A live-in relationship is an arrangement between two people who are in a romantic relationship, but not married. The relationship is similar to a marriage, in that both parties are living together and sharing their financial and emotional resources. This type of relationship is not legally recognized in India, and therefore, the legal status of a child born out of such a relationship is ambiguous. The legal status of a child born out of a live-in relationship is ambiguous, as Indian law does not recognize such unions. According to the Hindu Marriage Act, of 1955, a marriage is valid only if it is solemnized in accordance with the law. The act does not recognize a live-in relationship as a valid marriage, and thus, a child born out of such a relationship is not legally recognized.

In the case of Lata Singh v. State of U.P., Writ Petition (crl.) 208 of 2004, the Supreme Court of India held that a child born out of a live-in relationship is a legitimate child, and thus, has the same rights as a child born out of a valid marriage. The court noted that the Hindu Adoptions and Maintenance Act, 1956 does not prohibit a child born out of a live-in relationship from being adopted, and thus, the child is entitled to adoption rights.

The Courts in India have continued to support the interpretation of the law in a manner to ensure that no child is bastardised” for no fault of his/her as was seen in Bharata Matha & Ors. v. R. Vijaya Renganathan & Ors., (Civil Appeal no. of 7108 of 2003), where the Supreme Court of India held that child born out of a live-in relationship may be allowed to succeed in inheritance in the property of the parents if any and subsequently given legitimacy in the eyes of law.

The Indian judiciary used its power to achieve the ends of social justice in a landmark case Dimple Gupta v. Rajiv Gupta, (Appeal (crl.) 1139 of 2002), wherein the Supreme Court held that even an illegitimate child born out of an illicit relationship is entitled to maintenance under Section 125 of the CrPC (Code of Criminal Procedure 1973) which provides maintenance to children whether legitimate or illegitimate while they are minors and after they attain majority where such child is unable to maintain himself/herself.

To conclude, a child born out of a live-in relationship is a legitimate child and is entitled to all the rights of a child born out of a valid marriage. The Hindu Marriage Act, 1955 does not prohibit a live-in relationship, and thus, the child born out of such a relationship is not illegitimate. The mother of the child is also entitled to claim maintenance from the father.

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