Property Rights of a Child Born Out of Live-In Relationship: A Study
Property Rights of a Child Born Out of a Live-In Relationship: A Study
Introduction
Live-in relationships have become increasingly common in India, reflecting changing societal norms and attitudes towards relationships outside formal marriage. A critical issue arising from this trend is the legal status and property rights of children born out of such relationships. Unlike children born within wedlock, children from live-in relationships face unique challenges related to legitimacy, inheritance, and parental rights.
1. Legal Recognition of Children Born Out of Live-In Relationships
The Indian legal system does not explicitly differentiate between children born in wedlock and those born out of wedlock for certain rights.
The Supreme Court of India has repeatedly affirmed that the child’s rights are paramount, regardless of the parents’ marital status.
In Gaurav Jain v. Union of India (1997) and subsequent judgments, the Court recognized the rights of children born outside marriage to claim maintenance and protection under laws like the Protection of Children from Sexual Offences (POCSO) Act.
2. Property Rights of the Child
a) Inheritance Rights
Under Hindu Succession Act and other personal laws, inheritance rights typically apply to legitimate children.
However, courts have clarified that children born out of live-in relationships can be considered legitimate for inheritance purposes if the relationship is akin to marriage (characterized by stability, public acceptance, and permanence).
The Supreme Court in Lata Singh v. State of UP (2006) emphasized that children born out of live-in relationships have the right to inherit property from their biological parents.
If the live-in relationship qualifies under the legal parameters of a "relationship in the nature of marriage" (as per Protection of Women from Domestic Violence Act, 2005), children born can claim the same inheritance rights as legitimate children.
b) Maintenance and Custody
Children born out of live-in relationships have the right to maintenance from their biological parents under Section 125 of the Criminal Procedure Code (CrPC).
Custody and guardianship are governed by the Guardians and Wards Act, 1890, which focuses on the child’s welfare irrespective of parents’ marital status.
3. Challenges Faced
Social Stigma: Children from live-in relationships often face social discrimination, affecting their psychological well-being and access to resources.
Legal Ambiguity: Absence of clear statutory provisions specifically addressing property rights creates uncertainty.
Proof of Parentage: Establishing biological parentage is crucial; DNA tests and legal recognition are sometimes required in inheritance disputes.
Rights under Personal Laws: Since inheritance laws vary by religion, the rights of such children can differ.
4. Judicial Trends
The judiciary has been progressive in protecting the rights of children born out of live-in relationships, focusing on the best interests of the child.
Courts increasingly treat these children on par with legitimate children concerning property, maintenance, and guardianship.
Important judgments include:
Alok Kumar v. State of Uttar Pradesh (2021): Reaffirmed property rights of children born out of live-in relationships.
Velusamy v. Patchaiammal (2010): Defined conditions for live-in relationships to be considered "in the nature of marriage."
5. Recommendations for Legal Reform
Statutory Clarity: Introduce explicit provisions in succession laws to protect children born out of live-in relationships.
Recognition of Parentage: Simplify legal procedures to establish biological parentage.
Awareness Campaigns: Educate society to reduce stigma.
Uniform Civil Code: A broader reform that ensures equality for all children regardless of parents’ marital status.
6. Conclusion
Children born out of live-in relationships in India have constitutional and legal protections that safeguard their property and maintenance rights. However, societal prejudices and legal ambiguities continue to challenge their full realization of these rights. Progressive judicial pronouncements offer hope, but legislative clarity and social acceptance are essential to ensure these children enjoy equal rights and dignity.
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