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Addition of child name in government servant book born before marriage
23-Oct-2025 (In Civil Law)
I have two kids who are born in live in relationship but latter on got married at court but department is not adding kids name in my record kindly furnish any ruling to support the matter
Children born out of a live-in relationship are considered legitimate if the parents later marry. You can rely on S.P.S. Balasubramanyam v. Suruttayan (1992 AIR 756, SC) and Tulsa v. Durghatiya (2008) 4 SCC 520. The Supreme Court held that children born from long-term live-in relationships are legitimate and entitled to all rights after the parents’ marriage. Submit your marriage certificate and birth proof to the department, citing these rulings for correction in official records.
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
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Children born out of a live-in relationship are legitimate in the eyes of law. The Supreme Court in Tulsa & Ors. vs. Durghatiya (2008) held that children of long-term live-in partners are to be treated as legitimate. Further, in Vivek Narayan Sharma v. Union of India (2023) and earlier in S.P.S. Balasubramanyam v. Suruttayan (1992), the Court recognised that when parents subsequently marry, the legitimacy of children is unquestioned.
Therefore, the department cannot deny entry of the children’s names merely because they were born before the formal marriage. You may submit these rulings along with your marriage certificate and birth certificates, and if needed, seek a direction through a simple representation or a writ petition for correction of records.
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Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
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So you have to make a affidavit which you mention all the detail of the child and yours and thereafter you have to publish in a newspaper with support annexed birth certificate of the child which mention your name mother name and father name and thereafter make a representation or legal notice to that department if they if they taking this application it's okay if they are not taking that application you have to file petition in a High Court and make them party
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Adv. Aniket Singh
Adv. Aniket Singh
Delhi | 25+ Answers
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Children born out of a live-in relationship are legitimate in the eyes of law, and their rights cannot be denied merely because the parents were not married at the time of birth. The Hon’ble Supreme Court has repeatedly held that children born from long-term live-in relationships will be treated as legitimate for all legal purposes, including identity documents, inheritance and family records.
Key Judgments you can rely on:
1. SPS Balasubramanyam v. Suruttayan (1994) 1 SCC 460 – Supreme Court held that if a man and woman live together for a long time, the law presumes a valid marriage and children from such a relationship are legitimate.
2. Tulsa & Ors. v. Durghatiya (2008) 4 SCC 520 – Supreme Court affirmed that children born from live-in relationships are legitimate and entitled to all legal rights.
3. Revanasiddappa v. Mallikarjun (2011) 11 SCC 1 – Supreme Court held that no child should suffer for the acts of parents, and legitimacy must be given the widest interpretation.
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Adv. Keshav Agarwal
Adv. Keshav Agarwal
Delhi | 25+ Answers
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