Children born out of live in relationship not illegitimate rules SC

The Supreme Court, in a recent judgment has ruled in favor of the children born out of live in relationship. The apex court, giving clarification, said that if a man and woman “lived like husband and wife” for a long period of time and had children, then the judiciary would presume that the two were married.

The bench which comprised of Justices B S Chauhan and J Chelameswar, further explained that children born out of such relationships could not be termed as illegitimate and these children had the right to inherit the properties left behind by any of the partners in such relationship.

The explanation and decision came after ruling a decision on a petition which was filed by Uday Gupta, Advocate. The lawyer had questioned the behavior of the Madras High Court when it came to dealing with the issues of live-in relationships. Gupta had challenged the HC’s observation that “a valid marriage does not necessarily mean that all the customary rights pertaining to the married couple are to be followed and subsequently solemnized”.

In an earlier decision which had been passed by the Delhi High Court, the court had termed the relation as “walk- in and walk-out without strings attached to it.’’