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What is the legitimacy of children of void and voidable marriages? Section 16 of The Hindu Marriage Act 1955.

The children of a void and voidable marriage have legitimacy under the law. Provisions under Section 16 of the Hindu Marriage Act 1955.

Section 16 of the Hindu Marriage Act 1955- Legitimacy of Children of Void and Voidable Marriages

(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 a 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 the 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.

Section 16 of the Hindu Marriage Act 1955- Legitimacy of Children of Void and Voidable Marriages
(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 a 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 the 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.

 

The Hindu Marriage Act (HMA) 1955

Section 2. Application of the Act

Section 3 and 4 of Hindu Marriage Act 1955

Section 5 Conditions for Hindu Marriage.

Section 6 and 7 of Hindu Marriage Act 1955

Section 8 Registration of Hindu Marriages

Section 9 Restitution of Conjugal Rights

Section 10 Judicial Separation

Section 11 Nullity of Marriage and Divorce- Void Marriages

Section 12 Voidable Marriages

Section 13 Divorce

Section 13A Alternate Relief in Divorce Proceedings

Section 13B Divorce by Mutual Consent

Section 14 No Petition for Divorce to be Presented within one year of Marriage

Section 15 Divorced Person, When may marry again

Section 16 Legitimacy of Children of Void and Voidable Marriages

Section 17 Punishment for Bigamy

Section 18 Punishment for contravention of certain other provisions in the Hindu Marriage Act

Section 19 Court to which Petition shall be presented

Section 20 Contents and Verification of Petitions

Section 21 Application of Act 5 of 1908

Section 21A Power to transfer Petitions in Certain Cases

Section 21B Special Provision relating to trial and disposal of Petitions under the Act

Section 21C Documentary Evidence

Section 22 Proceedings to be recorded and may not be Printed or published

Section 23 Decree of Proceedings

Section 23A Relief for respondent in divorce and other proceedings

Section 24 Maintenance, Pendente lite and Expenses for Proceedings

Section 25 Permanent Alimony and Maintenance

Section 26 Custody of Children

Section 27 Disposal of Property

Section 28 Appeals from Decrees and Orders

Section 28A Enforcement of Decrees and Orders

Section 29 Savings