HIGHLIGHTING THE LEGAL AND JUDICIAL RESPONSE IN RELATION TO THE STATUS OF ILLEGITIMATE CHILD UNDER MUSLIM LAW IN INDIA

Abstract

Every child should have all fundamental human rights for their well-being and development. The plight of illegitimate children has always been disgraceful. Muslim law believes that for being a legitimate child a valid marriage is always required. There is no status of illegitimate child under law. Both the Schools do not recognize the right of inheritance of an illegitimate child. Efforts have been made in the international sphere to give equal status to the illegitimate children. In India, under Cr.P.C, maintenance right from the parents has been recognized for the illegitimate children. All children deserve equality, despite their differences. The concern of the legislature and the judiciary in this area needs to promote the interest of the child.