INTRODUCTION
The concept of nullity of marriage has deep roots in early English law, primarily governed by religious courts. English law identified absolute and relative impediments, casting doubt on the legitimacy of a marriage. The Hindu Marriage Act of 1955 introduced distinctions between invalid and voidable marriages through Section 16, impacting the legitimacy and property rights of children born from such unions.
UNDERSTANDING SECTION 16
Section 16 of the Hindu Marriage Act, 1955, addresses the legal status of children born from void and annulled voidable marriages. It asserts that while these children are legal, they are entitled only to their parents’ property. Legitimacy, as defined by this section, broadens the scope of children’s rights, challenging traditional norms.
LEGITIMACY OF A CHILD DEFINED
The legitimacy of a child, according to Section 5 of the Hindu Marriage Act, stems from a valid marriage meeting the Act’s requirements. Legitimate children born to legally married parents hold a distinct status, impacting their rights, duties, and societal treatment. This legitimacy entitles the child to inherit both the father’s and ancestors’ property, reflecting societal norms.
VOIDABLE MARRIAGES AND CHILDREN’S LEGITIMACY
Voidable marriages, valid until avoided, raise questions about the legitimacy of children born from such unions. Section 16 of the Hindu Marriage Act,1955 grants legitimacy and property rights to children born from voidable marriages. The repercussions of an unavoidable voidable marriage, if not avoided, mirror those of a legitimate marriage, emphasizing the legal consequences for the parties involved.
- Children Born from Voidable Marriages
Both the Special Marriage Act and the Hindu Marriage Act of 1955 address the legitimacy of children born from voidable marriages. Children born or conceived before the nullity order retains legitimacy, as if the decision terminated rather than annulled the marriage. However, if the voidable marriage is declared void or annulled, the children inherit only their parents’ properties and lack coplanar rights.
VOID MARRIAGES AND LEGITIMACY OF CHILDREN
Void marriages, deemed non-existent from the start, challenge the conventional understanding of marital legitimacy. Despite rituals and ceremonies, if a marriage violates Section 5 of the Hindu Marriage Act, it is considered void. Children born from void marriages are, surprisingly, considered legitimate under Section 16 of the Act, irrespective of the court’s nullification.
- Legitimacy Under Void and Voidable Marriages
Section 16 of the Hindu Marriage Act, 1955, outlines the legitimacy of children in both void and voidable marriages. In a void marriage, any children born are treated as legitimate. Similarly, in a voidable marriage, children born from a marital relationship subsequently declared nullity by the court are termed legitimate. Notably, even if a void marriage is declared null and void, children born from such unions are considered legitimate, though their inheritance rights are limited.
EXCEPTIONAL CASES AND ILLEGITIMACY
Despite the general rule of legitimacy, exceptional cases arise. If a bride is pregnant before marriage and gives birth after the marriage, the child may not be considered legitimate. For instance, if ‘A’ and ‘B’ marry, and ‘B’ is pregnant with another’s child, the child born after the marriage is held illegitimate as it does not originate from the marital relationship.
CONCLUSION
In conclusion, Section 16 of the Hindu Marriage Act, 1955, has significantly shaped the legitimacy of children in Hindu marriages. It has evolved to recognize the formal status of children born from void and voidable marriages. While English law traditionally acknowledged only the legitimacy of children from voidable marriages, the Hindu Marriage Act of 1955 expanded these rights. Subsequent amendments, such as the Marriage Laws Amendment Act of 1976, clarified that the legitimacy status does not hinge on the declaration of a void marriage.
This legal framework, nuanced and intricate, ensures that children’s rights are protected, even in the complex landscape of void and voidable marriages. As society evolves, so does the understanding and application of laws, shaping the dynamics of familial relationships and the legitimacy of children born from varied marital circumstances.
REFERENCE
1-https://www.hindustantimes.com/india-news/children-born-out-of-void-marriages-to-get-patents-property-supreme-court-101693558648220-amp.html -HINDUSTAN TIMES
