Children born out of Live-in relationship are not illegitimate
Children born out of Live-in Relationship are not illegitimate
Supreme Court has taken a new decision in the case of legitimacy of children born out of a live-in relationship. The court declared that the children born out of live-in relationship are not illegitimate. If the couple is in a live-in relationship for quite a few years then it will be presumed under Section 114 of the Evidence Act that the child born is legitimate and will have a right to inherit the properties of its parents. Some people believe that live-in relationships are immoral and should not be encouraged & this decision will encourage people to live-in together rather than get married. This may mar the basic morality of the society.
Yes
• When the couple dares to live in a relationship for a long time, then they should be even ready to suffer for consequences.
• There is no fault of the children born out of the live-in relationship. So on humane aspect they deserve every right to be legitimate.
• Live-in relationship is getting the trend of the society. And it will result in children. So it is natural for the legal body to change the laws.
• The strict laws will keep such relation ships in a strict limit. Only if they are ready to stay with each other then only they will plan to have children.
• This law will act as a punishment for the married men who take this matter lightly. Men who have a touring job often enter in a live-in relationship.
• The Hindu Marriage Act 1955 supports the principle of providing legitimacy to every child, no matter it is a void, voidable or valid marriage.
No
• The step will enhance the women to enter in the live-in relationship.
• How does it matter if the child is legitimate? Will the child get the same rights and affection from the parents?
• Making children legitimate can lead to increased crimes in the society. People can go to any heights to hide this truth.
• If a married men is in a live-in relationship without the first wife knowledge then in such conditions the law can create great problems.
• If live-in relationship is ok, the child out of live-in relationship is legitimate then what is the difference between a marriage and a live-in relationship?
• Law is making inheritance of property legal. It will create chaos and confusions in the family disturbing the balance in society.
Conclusion
Supreme Court is thinking in the favor of children but it is not thinking about the other consequences the decision can have. It is true that the step will allow children to get legitimate rights but somewhere this decision can lead to many other unseen problems in the society.
Discussion
- RE: Children born out of Live-in relationship are not illegitimate -Deepa Kaushik (04/26/14)
- Children are not born with their own will nor do they bear any sort of fate at birth. It is the parents and their circumstances that decide the fate of the children. Tagging a child as legal or illegitimate is highly unacceptable as it attaches a stigma with the life of such a child.
A child born out of live-in relationship is the decision of its parents. The live-in relationship is a tag that two individuals bear to lead their life, and the decision taken by them for their lives should in no way affect the child in any manner. Though the couples carry out a live-in relationship, but for the child they are the parents as any other child has who is born to a married couple.
The term “illegitimate” affects the child in every way, right from the respect in the society to education, employment, and everywhere. For no reason the child has to bear the shameful feeling, though the child is aware of its life giver. The couples definitely possess the right to give their name to the child, or should rather say that they are bound to provide their name to the child in the place of the parents.
To be precise, it is totally unfair to penalise a new-born for the decision of those who gave birth to the poor lad.
