Section 16 of the Hindu Marriage Act, 1955, addresses the legitimacy of children born from void or voidable marriages. It ensures that children born from such marriages are not disadvantaged by the invalid status of the marriage under certain conditions.
Contents
Key Points:
Legitimacy of Children from Void Marriages (Sub-Section 1):
- Even if a marriage is declared null and void under Section 11, any child born of such a marriage will be considered legitimate, provided the child would have been legitimate if the marriage had been valid.
- This applies whether the child is born before or after the Marriage Laws (Amendment) Act, 1976 (which was a significant amendment to the Hindu Marriage Act).
- It also applies irrespective of whether a decree of nullity is granted or not. Essentially, the legitimacy of the child is not affected by the annulment of the marriage.
Legitimacy of Children from Voidable Marriages (Sub-Section 2):
- In cases where a decree of nullity is granted in a voidable marriage (under Section 12), any child conceived or born before the decree will be considered legitimate if:
- The child would have been legitimate if the marriage had been dissolved, rather than annulled, at the time of the decree.
- This provision ensures that children born before the annulment of a marriage still retain their legitimacy, protecting them from the legal consequences of annulment.
Property Rights of Children (Sub-Section 3):
- This section makes it clear that the provisions in Sub-sections (1) and (2) do not confer any property rights upon the children of a marriage that is null and void or annulled, beyond the parents’ property.
- Essentially, a child born from such a marriage cannot inherit property from anyone other than their parents if the marriage was invalid or annulled. This provision ensures that the child does not gain inheritance rights in cases where, under normal circumstances, they would not be considered legitimate.
Conclusion:
Section 16 protects the legitimacy of children born in marriages that are later declared void or annulled, but with limitations regarding property rights. It aims to ensure that the child’s status is not affected by the legal status of the marriage, but the rights to inheritance are still bound by the rules governing legitimacy.
