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Legitimate of Children

The document discusses the legitimacy of children born from valid and invalid marriages under the Hindu Marriage Act, 1955, specifically Section 16, which ensures that children from void and voidable marriages are considered legitimate. It outlines that children from void marriages are legitimate regardless of a decree of nullity, and those from voidable marriages are legitimate if conceived before annulment. Additionally, it emphasizes that such children only have rights to their parents' property and no rights to the property of others.

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32 views2 pages

Legitimate of Children

The document discusses the legitimacy of children born from valid and invalid marriages under the Hindu Marriage Act, 1955, specifically Section 16, which ensures that children from void and voidable marriages are considered legitimate. It outlines that children from void marriages are legitimate regardless of a decree of nullity, and those from voidable marriages are legitimate if conceived before annulment. Additionally, it emphasizes that such children only have rights to their parents' property and no rights to the property of others.

Uploaded by

shubahampal888
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Legitimacy of Children | 04 Jan 2024

Introduction

A marriage affects the status of the children born from it. Children born of a valid marriage
are legitimate and have all the rights and privileges which devolve upon them as legal heirs.
The dissolution of the marriage of their parents does not affect their legitimacy.

Section 16 of Hindu Marriage Act, 1955 (HMA) is a special provision which deals with
the legitimacy of children both in void and voidable marriages.

Section 16 of HMA

This section deals with the legitimacy of children of void and voidable marriages. It
states that -

(1) 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 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 that marriage under this Act and whether or not the marriage is held to be void
otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under section
12, any child begotten or conceived before the decree is made, who would have been the
legitimate child of the parties to the marriage if at the date of the decree it had been
dissolved instead of being annulled, shall be deemed to be their legitimate child
notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring
upon any child of a marriage which is null and void or which is annulled by a decree of
nullity under section 12, any rights in or to the property of any person, other than the
parents, in any case where, but for the passing of this Act, such child would have been
incapable of possessing or acquiring any such rights by reason of his not being the
legitimate child of his parents.

Essential Elements of Section 16

This section has no application where there was no solemnization of marriage at all.
The children of void marriage are legitimate irrespective of the fact that a decree of
nullity is granted or not under the HMA.
If a voidable marriage is annulled under Section 12, the children begotten before the
decree is made, shall be deemed legitimate.
The children of void and voidable marriages are entitled to the property of their
parents only.

Case Laws

In Lakshmamma v. Thayamma (1974) case, the Andhra Pradesh High Court held that as
per the provisions of Section 16 of HMA, the benefit of legitimacy has been conferred
upon children of both void and voidable marriages.
In Jinia Keotin v. Kumar Sitaram Manjhi (2003) case, the Supreme Court held that the
mandate of Section 16(3) of HMA clearly expresses that there is no room to confer upon
such children any right except the property of their parents.

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