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couple or not?

(Querist) 25 July 2008 This query is : Resolved 
if a man & a woman live together for a long period of 10/20/30 years without gettin married ,i.e.,cohabiting & they have children out of that cohabitation.will they be given the status of husband & wife after a long period of cohabitation? will their children be considered legitimate children?
bindia (Querist) 25 July 2008
legitimate or not?
bindia (Querist) 25 July 2008
couple or not?
Guest (Expert) 25 July 2008
No they will not become husband and wife.
Theri children will be legitimate and both of them own that they are their produce.

Now the Supreme Court has recognised this kind of staying together, hence we can tha the children are legitimate.
Ambika.S (Expert) 25 July 2008
both of them are called individuals and not spouse. The do not have the status of husband and wife. Indian Court recoqnise the marriage under individual customary rites. If at all they are married or living together and the two person practise religion/customs either by birth or by interest then the said two person comes under the said religion and the marriage is solominised/recongnised under the said religion. If at all the two individual belongs to two different religion and live together they have to register the same under the special marriage Act.
anantha krishna n.v. Advocate (Expert) 25 July 2008
there is no bar even in the Hindu Marriage Act to cohabit as husband and wife withut marriage. the relationship is one of the NATURE OF MARITAL RELATIONSHIP.

the new Domestic violence also recognises such LIVE IN relatinships.

anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)
Srinivas.B.S.S.T (Expert) 25 July 2008
They will not be considered as a couple. If either of the spouse wants to initiate any legal proceedings against the other then the burden of proving the relation(live in) will be on the spouse who is knocking the doors of justice. But their children will be legitimate children of the both.
kumar sachin (Expert) 25 July 2008
they will not b given the status of husband and wife in the eye of law untill they got married according to their religious rites and rituals or through a registered marriage.
but ofcourse if both recognises and accepts, then their children wii b legitimate.
SANJAY DIXIT (Expert) 26 July 2008
Certainly NOT.
Living together under same roof can't give the status of husband & wife to any man & a woman.

In other part of the querry, I differ with other opinions made. Children born out of such relationship would be ILLEGTIMATE.
The children born out of wedlock will be legtimate. Even children from void & voidable marriages would be legtimate but not from such relationship.
Mukul Aggarwal (Expert) 26 July 2008
first i want to clear that children could never be illegatimate even he is born out of illegatimate relationship....this is cleary said in the acts.. Law does not recognise child as illegitimate child is always legitimate...

second if a couple is living as husband wife without getting married and neighbour and other recognise them as husband wife then in the eye of law they are husband and wife this is also mention in the hindu marriage act and cr.p.c...
K.C.Suresh (Expert) 26 July 2008
They are not husband and wife due to the lapse of time. They are jsut men and women living tgether. there is no legal bar for matured persons to live together and reproduce unfortunate ones. Since I hope Your query is not to regularise the living such human beings there is no need to give anyy opinion about the types of marriages etc.
2nd part of the query is answered as "the children from such relation ship are legitimate for the purpose of heir ship of the men and women so living. To that extent they are ligitimate.
K.C.Suresh (Expert) 26 July 2008
They are not husband and wife due to the lapse of time. They are jsut men and women living tgether. there is no legal bar for matured persons to live together and reproduce unfortunate ones. Since I hope Your query is not to regularise the living such human beings there is no need to give anyy opinion about the types of marriages etc.
2nd part of the query is answered as "the children from such relation ship are legitimate for the purpose of heir ship of the men and women so living. To that extent they are ligitimate.
Adv.Rajendra Kothari (Expert) 27 July 2008
In such case so far as social status is concern, they never get the status of husband & wife,however so far as latest verdicts of Hon'ble Supreme Court of India are concerned, living together in a roof and behaving as husband and wife even though they are not married have the status of Husband & wife.Their children also having the legitimate status as per law.
Manish Singh (Expert) 04 August 2008
they are not going to be husband and wife but now the SC has given a verdict on the said issue(according to facts and circumstances of ty case)that the said spouse will be entiled for maintenance.
the isue born out of said relationship will be entitled lfor the share in the father's property.


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