Children born put of a void or a voidable marriage are considered legitimate in the eyes of the law, and they have a right in theirs parents’ ancestral property under the Hindu succession law, the Supreme Court said on September 1, 2023. A three-judge Bench of the top court also added that a child under Section 16(1) and Section 16(2) of Hindu Marriage Act (HMA) would be a legitimate kin under the Hindu Succession Act (HSA).
Such children, however, will have no right in the property of any other person in the family, the top court clarified.
The order of the apex court came on a 2011 plea on the contentious issue pertaining to rights of children in ancestral property of their parents in a void or voidable marriage under the Hindu law.
Under the Hindu law, a void marriage is that in which the man and the woman don’t have the status of husband and wife. In such a marriage, there is no requirement of a decree to nullify the marriage. A voidable marriage on the other is that where the man and the woman enjoy the status of husband and wife. A decree to nullify such a marriage is also required.
“We have now formulated conclusion: a child of a marriage which is null and void is statutorily conferred with the legitimacy; in terms of 16(2) (of the Hindu Marriage Act) where a voidable marriage is annulled, a child begotten before degree is deemed to be legitimate,” the Bench headed by Chief Justice DY Chandrachud said in the judgement.
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