ILLEGITIMATE CHILDREN

INTRODUCTION

Society often ignores the rights of children born outside marriage, affecting their development and

legal rights. Laws like Section 112 of the Evidence Act help by assuming a child's legitimacy unless

strong evidence proves otherwise. This can only be challenged by proof showing the marriage wasn't

consummated. Efforts aim to counter stigma surrounding extramarital relationships, giving these

children fair recognition and rights.

MUSLIM LAW

Guardianship under Muslim Law

In Sunni and Shia Muslim law, a father has full rights over legitimate
children's upbringing, even if the mother has custody. But for illegitimate
children, the father lacks guardianship, leaving them without a recognized
guardian. Despite not being a natural guardian, the mother can have
custody. This difference means illegitimate children lack a recognized
guardian unlike their legitimate children in Muslim law.

INHERITANCE Under Muslim Law

In Muslim law, illegitimate children usually can't inherit property from their parents in Sunni
and Shia beliefs. However, under Hanafi law, an illegitimate child can inherit from their
mother. Children from irregular marriages usually have rights to inherit, but those from void
marriages might not, except if their parents are Hanafi Muslims, granting rights in the
mother's property.

Right to maintenance of illegitimate child

Under Muslim law, there's no strict obligation for parents to support
illegitimate children, though Hanafis recognize care until age seven; Shias
don't acknowledge this. While the father isn't required to provide, Section
125 of the Criminal Procedure Code, 1973, mandates fathers to maintain
such children. Even if the mother declines custody, the father is still liable to
pay maintenance.
Right to property of illegitimate child
In Muslim law, an illegitimate child doesn't inherit from their father but might
inherit from the mother under Hanafi law. The child can't claim from the father's
side. Maternal relatives could share inheritance, being seen as primary heirs.
However, Shia law excludes the illegitimate child from inheriting from either
parent, even from the mother, due to their status as illegitimate.

HINDU LAW

Maintenance rights:

Under Section 20 of the Hindu Adoption and Maintenance Act, parents are legally required
to support both legitimate and illegitimate children if they haven't changed their religion.
If a parent passes away, an illegitimate child can claim support from the parent's estate
until the son turns 18 or the daughter gets married. However, if the illegitimate child
changes religion, they might still claim maintenance under specific conditions outlined in
Section 125(1)(b) and (c) of the CrPC if they suffer from physical/mental issues or are
incompetent to support themselves.

Inheritance rights:

Section 16(3) of the Hindu Marriage Act initially denied illegitimate children rights to
ancestral property, allowing only access to their parents' self-acquired property. Recent
legal shifts suggested otherwise, granting such children rights to ancestral property,
especially from void/voidable marriages, considered legitimate by courts. However, the
matter remains unsettled, with the Bombay High Court reaffirming limited rights to only
parental property for illegitimate children. Additionally, the Hindu Succession Act curtails
the rights of illegitimate children from Shudra families to solely parental property.

Right over joint family property:

In cases of void/voidable marriages, the inheritance rule gets tricky. A child born from
such a union is considered legitimate under Section 16 of the Hindu Marriage Act.
However, their rights to the father's property are limited to coparcenary rights and can
only file a partition suit for the father's property after his passing. Other children not
falling into this category follow Mitakshra School principles, which deny illegitimate
children rights to parental property due to lack of legitimate kinship. Children from
void/voidable marriages have better rights than other illegitimate children but less than
legitimate ones.

Guardianship rights:

According to Section 6(b) of the Hindu Minority and Guardianship Act, an illegitimate child
has a natural guardian, starting with the mother and then the father, provided both
parents are Hindu. However, if only one parent is Hindu, the child needs to be raised in the
Hindu tradition to benefit from this section. If the child changes religion or leaves worldly
affairs, their rights as an illegitimate child are automatically canceled.

CASE LAWS :

In the case of Shanta Ram v. Smt. Dargubai, the Bombay High Court stated that
kids from marriages considered invalid would be seen as legitimate, even if the
marriage was nullified. However, they might not have the same inheritance rights
as kids from valid marriages.

In Raja Jogendra Bhupati Hurri Chundun Mahapatra v. Nityanund Mansingh & Anr,
the Raja, a Sudra, passed away, leaving behind a legitimate son, an illegitimate
son, and a legitimate daughter. The question arose about whether the illegitimate
son could inherit the Raja's property. The Privy Council ruled that the illegitimate
son had the right to inherit based on survivorship.

The Privy Council ruled in Sadiq Hussain v. Hashim Ali that a statement by a
man acknowledging another as his illegitimate son doesn’t automatically
legitimize the child. However, if no proof of illegitimacy exists, such
acknowledgment serves as evidence of legitimacy if possible.

In Gohar Begam v. Suggi (1960), India's Supreme Court held that in Muslim
law, an unmarried mother has custody rights over her illegitimate daughter,
regardless of the father's identity, denying the putative father any legal claim
to the child's custody.

CONCLUSION
Hindu and Muslim personal laws handle illegitimate children differently. Hindu
law shows progress with, but both laws fall short in fully recognizing rights for
these children. Muslim law, particularly in the Hanafi school, presumes
legitimacy after marriage ends. Yet, neither system fully protects these kids'
rights. Equalizing rights between legitimate and illegitimate children is vital to
shield them from unfair treatment due to their parents' choices, ensuring
fairness and preventing their social exclusion.
LIVE IN RELTIONSHIP
INTRODUCTION
Live-in relationships in India, where unmarried couples live together, are becoming more popular,
especially in cities. They aren't officially recognized by law, but some rights protect individuals from
misuse. Making them legal would need new laws for issues like desertion and inheritance, possibly
causing more legal conflicts. Despite not being illegal, society's acceptance is low due to moral and
religious beliefs. This article looks at their status in Indian law for Muslims and Hindus.

Status Of Live-In- Relationship Under Hindu Law

Hindu beliefs greatly cherish marriage, seeing it as vital for fulfilling social and
spiritual duties. Ancient texts like the Mahabharata praise marriage, highlighting
the bond between spouses as close friends. While traditional views emphasize
marriage's importance, modern times witness a shift towards live-in
relationships. However, ancient Hindu texts rarely mention pre-marital
relationships, emphasizing the significance of marriage. Marriage is considered a
sacred ceremony enabling a fulfilling life and prosperity. Hindu principles strongly
condemn cheating on a partner, advocating strict consequences for such actions.
Overall, while Hindu beliefs highly esteem marriage, contemporary trends show
evolving attitudes towards relationships.

In the case of Kamesh Panjiyer v. State of Bihar, the Supreme Court highlighted
the significance of marriages as special and blessed. However, Hindu beliefs
strongly disapprove of intimate relationships without marriage, considering it
wrong. The teachings emphasize severe consequences for those who cheat on
their partners, reflecting a serious view on such actions.

Presumption Of Marriage In Live-In-Relation Under Hindu Law

There is an extremely strong presumption in favour of marriage and legitimacy of its
offspring it from the time of the alleged marriage, the parties are recognized by all persons
concerned as husband and wife and are so declared in important documents and no
important occasions.Legal cases have reinforced this presumption in various contexts. In
Ashok Kumar v. Smt. Usha Kumari (1984), the Delhi High Court stressed that recognition as
husband and wife, rather than ceremonial rites, holds significant weight in proving marriage
and the legitimacy of offspring. Additionally, the Supreme Court, in Madan Mohan Singh &
Ors v. Rajni Kant & Anr, established that prolonged cohabitation between a man and woman
infers marriage, but this presumption can be refuted by presenting compelling contradictory
evidence.

Maintenance Right Of Live-Partner In Hindu Law

There is no right of maintenance to a woman living in live-in relationship with a Hindu man unless
and until it has been proved or presumed that the man and woman living together are husband and
wife. The obligation of maintenance of woman is only in the relation of marriage and not in any other
relation in Hindu Law.

Status Of Live-In- Relationship Under Muslim Law

In Islamic law, living together as an unmarried couple and being physically intimate is seen as
a serious sin called "zina." This means any kind of physical relationship outside of marriage,
which is strictly forbidden in the Quran and Hadith. It's considered very wrong and against
Allah's teachings, with severe punishments described to keep marriage sacred and society in
order. Islamic law doesn't allow any actions that might lead to forbidden relationships. The
Quran says unmarried people involved in zina can be punished by flogging, while married
individuals might face stoning to death. Prophet Muhammad considered zina a major sin,
almost as serious as associating partners with Allah. Adultery is seen as dishonorable and
harmful to families, so Islam has strict punishments to prevent it and protect the importance
of marriage and morality.

Presumption Of Marriage In Live-In-Relation Under Muslim Law

In Muslim law, proving a live-in relationship as a valid marriage needs direct evidence like
witnesses or a marriage document (Nikahnama). Without formal ceremonies, continuous
cohabitation might suggest marriage based on conduct. Simply promising to marry without
formal acceptance doesn't count. Islam strictly forbids such relations as zina (illicit activities).
Zina doesn't imply marriage. Islamic teachings demand repentance and specific conditions if
intending to marry later. A woman involved must wait a cycle (istibra) to ensure no
pregnancy before marrying; if pregnant, she waits until delivery.
Marrying someone who committed zina demands her repentance and ensuring no
pregnancy. Children from such relations are considered illegitimate in Islamic law. They can't
inherit or bear the father's name, even if acknowledged by him. Shaykh Muhammad ibn
Ibrahim stated an adulterer can only marry another adulterer or idolater. Ibn Qudaamah
highlighted two conditions: ensuring no pregnancy and her repentance before marriage.
In the Rashida Khatoon v. S.K. Islam case, the Orissa Court ruled that mere assurance to
marry in the future without acceptance doesn't constitute a valid marriage.

Maintenance Rights Of Live-In-Partner In Muslim Law

In Muslim law, a live-in relationship doesn't confer legal rights or obligations akin to
marriage. The woman doesn't receive privileges such as dower, maintenance, or inheritance
rights in the partner's property after their death. Offspring from such a relationship are
considered illegitimate, and for any claim to maintenance, a valid marriage between the
parties is necessary.

CONCLUSION
In Islam, sex before or outside marriage is forbidden and seen as a serious wrongdoing
against Allah, while Hindu law also values marriage and disapproves of relationships outside
it. Live-in relationships aren't legally marriages but are acknowledged under the Domestic
Violence Act, creating challenges for both married and unmarried partners. Clearer laws
respecting relationship status and property rights are needed to align with societal changes
and religious beliefs, but societal acceptance remains a challenge.