Rights of Progeny Born out of Live-in Relationships in India: A Socio-Legal Analysis

Abstract

Live-in relationships have emerged as a significant form of intimate partnership in contemporary India, influenced by urbanisation, education, economic independence, migration and changing ideas of autonomy and family. Although Indian law does not confer full matrimonial status on such relationships, courts have increasingly acknowledged their social reality for limited protective purposes. The legal position of children born from such relationships remains complex because issues of parentage, legitimacy, maintenance, custody, guardianship, inheritance, identity and social acceptance are often addressed through scattered statutory provisions and case-specific judicial interpretation. This paper examines the rights of children born from live-in relationships through a socio-legal and constitutional framework. It argues that the child must not suffer any civil, social or economic disadvantage because of the non-marital character of the parents’ relationship. The analysis draws upon constitutional guarantees of equality, dignity and child welfare; statutory provisions on maintenance, birth registration, education and guardianship; and judicial developments concerning long cohabitation, legitimacy and inheritance. The paper also integrates feminist jurisprudence by showing how stigma attached to non-marital birth reflects patriarchal control over women’s sexuality and family legitimacy. The study concludes that India requires clearer legislative protection so that children born from live-in relationships receive equal recognition, effective maintenance, secure identity documentation, welfare protection and a dignified social status.