Responsibility for the maintenance of a child born out of a live-in relationship
No matter how modern we may have become to say, even today, in our society, a 'live-in relationship' is seen with an evil eye. Before marriage, a boy and a girl voluntarily living under the same roof as a husband and wife are called a live-in relationship. But some legal rules have been made for only two people living in a live-in relationship.
The court termed the live-in relationship the right to life under Article 21 of the Constitution. People, of course, take this relationship on the test of social and moral values, but it is an issue related to the personal lives of two people.
Even in some sections of our society, living with a boy and a girl before marriage is not considered good. Still, as the country's Supreme Court has also said, living in a live-in relationship is not a crime when two adults are together of their own free will. If you want to stay, no one should have any objection to it.
Five things every boy and girl should know about a live-in relationship:
- If the boy and the girl live together as a couple in a 'live-in relationship,' eating together or sleeping together, both will be considered married. Two people living in a 'live-in relationship' will be married per the law.
- If the girl becomes pregnant in a 'live-in relationship' and wants to give birth to this child, then that child will be considered valid. Like a married couple, it will be the responsibility of the couple to take care of that child. Not only this, but all the provisions related to female feticide and abortion also apply to people living in 'live-in relationships.
- Couples living in a 'live-in relationship' can have children but do not have the right to adopt a child. Not only this, under the Hindu Marriage Act, a child born out of a live-in relationship gets all the legal rights that a child of a married couple enjoys.
- In a 'live-in relationship,' if one partner cheats on the other, it would be considered a punishable offense. If the victim wants, he can be punished by registering a case under section 497 of IPC.
- If both partners live in a 'live-in relationship' and earn, then the mutual expenditure will be based on their 'mutual understanding.' Not only this, if the partner is separated from the partner for some reason and demands maintenance for a few days, then it will be given only if the couple proves that they are in the relationship.
In India, about 43 years ago, in 1978, the Supreme Court, for the first time, called live in a relationship legally correct. Justice Krishna Iyer said that if the partners have lived together as husband and wife for an extended period, then there is sufficient reason to treat it as marriage.
Live in a relationship has been defined under section 2(f) of the Domestic Violence Act, 2005. According to its section:
To live in a relationship, a couple must live together as husband and wife. Although there is no time limit, it is necessary to be together continuously. Sometimes someone lives together, then gets separated, and then stays together for a few days; such a relationship will not be kept in the category of live-in.
- The couple living in live-in must live together in the same house as husband and wife.
- The couple must jointly use the same household items.
- The couple living in the live-in will have to help each other with household chores.
- If the couple living in the live-in has children, they will have to give much love and affection. Also, they have to be taken care of properly.
- This relationship is valid, so society should be aware of it.
- This is essential in this relationship; both partners must be adults.
Rights of women living in a live-in relationship:
- Right of maintenance to a woman living in a live-in: A woman living in a live-in has a right to demand maintenance. In this regard, the court has also clarified that the maintenance request cannot be denied to a woman by saying that she has not entered into a legal marriage.
- Right in parent's property to the child born out of live-in: If any child is born while living in a live-in, he will have the full right to his parent's property. The Supreme Court has clarified that no live-in couple can escape from this.
- Protection from domestic violence: If a woman living in a live-in is subjected to domestic violence, she has legal protection, like married women, to avoid it. In case of domestic violence, she can approach the court.
- Right to property: A woman living in a live-in has the right to reside at her partner's house. If denied this, she can get her right from the court under the law.
- Right to alimony: If the partner breaks the relationship with the woman living in the live-in without mutual consent, then she has the right to get maintenance like the married wife.
- Right to keep the child: In case of a breakup with the live-in partner, the woman residing in the live-in has the right to claim the child born during this period. For this, the woman can go to court and put her claim there. And a child born out of a live-in relationship will have all the rights that children born out of a valid marriage have.
Legal rights of children born in live-in:
The woman living in the live-in may not get any legal right over the property of the live-in partner, but her biological child gets full rights. Under the Hindu Marriage Act 1955, a child born out of a live-in relationship enjoys all the legal rights that a child born to a married couple enjoys. They say that a child born out of live-in can get a share in the property of his biological father under the Hindu Succession Act.
- Rights related to religion and caste: If the child's parents belong to a different caste and religion, then on attaining majority, the child may adopt any surname or religion; For this, the child has a special exemption from the law, and no one can stop him.
- Property rights: Children born to a live-in relationship couple now have all the rights that a child born to a married couple enjoys. The child can take away his right on the property of both parents and can also file a case in court in case of refusal.
- Rights of Maintenance: The child who is born into a live-in relationship couple will now get all the legal rights. It will be the parent's duty to fulfill every child's need; failing to do so; the child can take the cost of his maintenance by filing a court case.
- Child's legal rights: The child born from a live-in relationship will also get all the legal rights. Despite being a love child, one's legal righteousness cannot be ignored.
- In case of non-nutrition: A child born to a couple living in a live-in relationship is denied adoption or foster care, in which case the court itself or on a petition by an NGO can pass an order against the parents.
Does Section 125 of CrPC apply to women in a live-in relationship?
- In the Chanmubhiya Vs. In the Virendra Kushwaha case, the Supreme Court has the right to maintain the woman in live-in-relationship under section 125 of CrPC. The rationale behind this right to a woman in a live-in relationship is to ensure that a man does not take advantage of the legal loopholes in the responsibilities of that marriage.
What is the legal status of children born out of the live-in relationship?
- In Balasubramaniam Vs. Surattayan, children born out of live-in relationships got the status of legitimacy for the first time. According to the Supreme Court, under Section 114 of the Evidence Act, if a man and a woman have lived together for a number of years, then it will be treated as a marriage. Therefore, the children born to them would also be considered legitimate and have the right to receive a share in ancestral property.
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