File Name: legitimacy of child in void and voidable marriage .zip
- Void and Voidable Marriages under Hindu Marriage Act, 1955
- 26. Legitimacy of children of void and voidable marriages
- 16. Legitimacy of children of void and voidable, marriages
Void and Voidable Marriages under Hindu Marriage Act, 1955
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My wife or her family is threatening to file a what should i do? Child notwithstanding the decree of nullity. So the object of Section 16 of the Hindu Marriage Act is to confer the status of legitimacy of children born in void and voidable marriages. Section 16 by legal fiction lays down that even if a child born of void or voidable marriage is conferred with the status oflegitimacy but it is debarred from inheriting to property of any person other than it's parents. In Rameshwari Devi v. State of Bihar AIR SC Supreme Court has observed that marriage of parties may, because of in contravention of clause i of Section 5 of Hindu Marriage Act was void marriage but under Section 16 of the said Act children of void marriage are legitimate for the purpose of succession to property of father.
It has already been pointed out that while in respect of bigamous marriage or marriage with an insane person, s. Section 21, however, refers to such decree as one annulling the marriage which is and can be passed when the marriage is voidable and not void per se. Section 21, which purports to provide for legitimacy of children of annulled marriages, appears to be productive of arbitrary and incongruous results when compared to the analogous provisions of the Hindu marriage Act and the Special Marriage Act. The Parsi Marriage and Divorce Act has somewhat similar provisions in s. And under Section 12, a marriage is voidable if a the marriage has not been consummated owing to the impotence of the respondent, or, b any of the parties was suffering from unsoundness of mind or other mental disorder, or, c the consent of the petitioner was obtained by force or fraud, or d the respondent wife was at the time of the marriage pregnant by some person other than the petitioner husband. But Section 16 clearly provides that any child of a void marriage, and also any child of a voidable marriage begotten or conceived before a decree of nullity is made, shall be deemed to be the legitimate child of the parties, though such child shall not be entitled to any right in or to the property of any other person as such child.
26. Legitimacy of children of void and voidable marriages
Illegitimate children as understood are those children who are not born out of a lawful wedlock. Not just the society but even the law has discriminated against them in many ways. However, with the emergence of a group of people in the society who are rational and liberal in their outlook and do not consider illegitimacy as a stigma, the laws are also being amended accordingly. Under all societies in the world, the status of a child i. Both in the contemporary society and in the historical society there is classification of children as legitimate and illegitimate. The illegitimate children never enjoyed equal status along with the legitimate children.
16. Legitimacy of children of void and voidable, marriages
This article deals with the nullity of marriage under Hindu law, grounds of invalidity, and effect on marriage. The term nullity, lexically, means null and void, i. The nullity of marriage is a situation under which a marriage becomes void and has no standing in a court of law. Marriage in all religions is termed as the holiest union; therefore cessation of such a sacred relationship is a very delicate matter.
Your marriage is not working out and you may be considering a divorce. However, there are several requirements to be satisfied before being able to file for divorce, and you might have been unable to meet these criteria. For example, your marriage has not lasted for more than 3 years and you are unable to prove exceptional depravity or hardship in your marriage. Is there no way out for you?
It has already been pointed out that while in respect of bigamous marriage or marriage with an insane person, s.