Blended Lives, Shared Parenthood

A cohabiting partnership can be characterized as a union akin to marriage but without the legal formalities. Indian legislation lacks a specific definition for the status of cohabitation, thus its legal standing remains ambiguous. However, this discussion will focus on the legal status of children born from such unions and the uncertainty surrounding their rights.

Supreme Court in its one of its judgement categorized the Live-in relationship into following categories:

1. A domestic relationship that includes an unmarried adult female and an unmarried adult male.

2. A domestic relationship between an unmarried adult female and a married male entered knowingly.

3. A domestic relationship between a married female and an unmarried adult male entered knowingly.

4. A domestic relationship between same-sex partners.

According to what i comprehend upon the child born out of Live-in Relationship should be treated as a legitimate as if the parents must have been cohabited under one roof for a long period of time portraying themselves as husband and wife to the society.

Also the child should have access to the property of parents as a legal right.

The legal rights of the children born out of a Live-in Relationship is that, 

1. Legitimacy

2. Maintenance

3. Property

4. Custody.

1. Legitimacy: Children born from a live-in relationship are now considered legitimate and possess the same rights as those born to legally married couples. Before 2010, these children were legally labeled as 'illegitimate.' The disparate treatment between a child born from a live-in relationship and one born from a marital relationship, despite both being recognized as legitimate by the law, may constitute a violation of Article 14, which guarantees equality before the law. In the landmark case of Vidyadhari vs. Sukhrana Bai, the Supreme Court ruled in favor of children born from live-in relationships, granting them inheritance rights and recognizing them as 'legal heirs.'

2. Maintenance: A child born from a live-in relationship or an illegitimate child from an illegal relationship is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. This provision ensures maintenance for children when they are minors and even after they reach adulthood if they are unable to support themselves. However, it's crucial to note that "the right to maintenance is contingent upon establishing fatherhood of the child."

3. Property: According to the Hindu Marriage Act, a child has the right to their parents' self-acquired property. Additionally, under the Hindu Succession Act of 1956, both legitimate sons and daughters are classified as Class-I heirs in the Joint Family Property. Conversely, under Hindu Law, an illegitimate child inherits only the property of their mother, not the purported father's.

Research suggests that children born from such relationships logically should have rights to their parents' property, whether self-acquired or ancestral, considering principles of equity and the ambiguity surrounding the relevant sections of the specified statutes.

4. Custody: Live-in relationships present a significant legal hurdle compared to marriages when it comes to child custody. Due to the lack of specific legislation, the ease of entering such relationships creates difficulty during separation. In the absence of clear laws governing live-in partnerships, courts often handle child custody issues arising from these relationships similarly to those in marriages, prioritizing the child's well-being.

However, a positive interpretation of the law might only sometimes be accurate. While a father may have some parental rights as the natural guardian, custody decisions are not solely based on biological relation. The court will ultimately determine custody based on the child's best interests, considering factors like each parent's stability, living environment, and ability to provide care.

Conclusion: 

In reiteration, while a cohabiting partnership mirrors marriage in many aspects, the absence of clear legal definitions leaves its status in Indian law uncertain. Nonetheless, the focal point of this discourse revolves around the legal position of offspring born within such unions, shedding light on the ambiguity surrounding their entitlements and rights.