The Supreme Court has recently laid down that a child born out of a live-in-relationship is not illegitimate and moreover they have the right to inherit the property left behind by any of the parties in this kind of relationship.
The judges gave emphasize to this by relying upon section 114 of the Evidence Act which states that if a man and a woman is residing together for a long time under the same roof then there will be a presumption that they are living as husband and wife and child born to such persons will not be illegitimate. This decision has been given so as to give importance to the institution of marriage as well as to prevent concubine.
This Judgment was delivered by the Supreme Court in an appeal filed by one Madan Mohan Singh, against the decision of the Allahabad high Court and two other tribunals which had allowed the right on the estate to the children who were born out of live-in-relationship. The Supreme Court also held that the relationship is considered to be marriage in the eyes of law if the partners keep the bonding alive for a long duration.
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