Child custody of girl child born in a live-in relationship
20-Mar-2023 (In Child Custody Law)
I have girl child. By widower but he have 2-child which live in with us till 27 feb 2017 he wants custody of my girl child they have also paternity test &combined peternity test he ,girl & my self) can court give custody to his ground of DNA
DNA test only proves that the girl belongs to you both, only on this ground custody shall not be give. Child's interests would be the paramount consideration in custody matters. In your case you should plead that as he is already having 2 children, your girl child's interests would be suffered if custody be given to him. You should also prove that you are able to maintain the child alone.
Children born of live-in relationships are legitimate, Supreme Court says
The Supreme Court has said that if a man and woman "lived like husband and wife" for a long period and had children, the judiciary would presume that the two were married.
The Supreme Court has said that if a man and woman "lived like husband and wife" for a long period and had chi...
NEW DELHI: Giving an important clarification on live-in relationships, the Supreme Court has said that if a man and woman "lived like husband and wife" for a long period and had children, the judiciary would presume that the two were married.
A bench of Justices B S Chauhan and J Chelameswar on Monday issued the clarification on a petition filed by advocate Uday Gupta, who had questioned certain sweeping observations made by the Madras high court while dealing with the issue of live-in relationships. Importantly, the SC said children born out of prolonged live-in relationships could not be termed illegitimate.
Gupta had challenged the HC's observation that "a valid marriage does not necessarily mean that all the customary rights pertaining to the married couple are to be followed and subsequently solemnized".
His counsel, M R Calla, sought deletion of the HC's observations terming them as untenable in law. He apprehended that these remarks could demolish the very institution of marriage.
The bench went through the judgment and said the HC's observations could not be construed as a precedent for other cases and would be confined to the case in which these were made.
Justices Chauhan and Chelameswar said,"In fact, what the HC wanted to say is that if a man and woman are living together for a long time as husband and wife, though never married, there would a presumption of marriage and their children could not be called illegitimate."
In 2010, the apex court had in Madan Mohan Singh vs Rajni Kant case said, "The courts have consistently held that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a number of years. However, such presumption can be rebutted by leading unimpeachable evidence."
The same year, the court had in another judgment hinted at the legitimacy of children born out of such relations. "It is evident that Section 16 of the Hindu Marriage Act intends to bring about social reforms, conferment of social status of legitimacy on a group of children, otherwise treated as illegitimate, as its prime object."
Section 16 of Hindu Mariage Act provides,"Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of the marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act."
The Supreme Court has said that if a man and woman "lived like husband and wife" for a long period and had children, the judiciary would presume that the two were married.
The Supreme Court has said that if a man and woman "lived like husband and wife" for a long period and had chi...
NEW DELHI: Giving an important clarification on live-in relationships, the Supreme Court has said that if a man and woman "lived like husband and wife" for a long period and had children, the judiciary would presume that the two were married.
A bench of Justices B S Chauhan and J Chelameswar on Monday issued the clarification on a petition filed by advocate Uday Gupta, who had questioned certain sweeping observations made by the Madras high court while dealing with the issue of live-in relationships. Importantly, the SC said children born out of prolonged live-in relationships could not be termed illegitimate.
Gupta had challenged the HC's observation that "a valid marriage does not necessarily mean that all the customary rights pertaining to the married couple are to be followed and subsequently solemnized".
His counsel, M R Calla, sought deletion of the HC's observations terming them as untenable in law. He apprehended that these remarks could demolish the very institution of marriage.
The bench went through the judgment and said the HC's observations could not be construed as a precedent for other cases and would be confined to the case in which these were made.
Justices Chauhan and Chelameswar said,"In fact, what the HC wanted to say is that if a man and woman are living together for a long time as husband and wife, though never married, there would a presumption of marriage and their children could not be called illegitimate."
In 2010, the apex court had in Madan Mohan Singh vs Rajni Kant case said, "The courts have consistently held that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a number of years. However, such presumption can be rebutted by leading unimpeachable evidence."
The same year, the court had in another judgment hinted at the legitimacy of children born out of such relations. "It is evident that Section 16 of the Hindu Marriage Act intends to bring about social reforms, conferment of social status of legitimacy on a group of children, otherwise treated as illegitimate, as its prime object."
Section 16 of Hindu Mariage Act provides,"Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of the marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act."
DNA testing that can be used to settle a number of family related issues including inheritance disputes, contested paternities, legal disputes, immigration applications etc. A legal DNA paternity test can be used to settle any number of family related legal matters, including, child custody cases, child support cases, inheritance disputes and immigration applications (
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