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