Legitimacy of Children Born Under Void and Voidable Marriages
👶 Legitimacy of Children Under Void and Voidable Marriages
📜 Legal Provision: Section 16 – Hindu Marriage Act, 1955
Section 16 was specifically introduced to protect children born from marriages that are later declared void or voidable. It has been amended over time to strengthen children's rights.
🔹 Section 16(1):
Children born of voidable marriages (under Section 12) are deemed legitimate, even if the marriage is annulled by a decree of nullity.
🔹 Section 16(2):
Children born of void marriages (under Section 11) are also legitimate, notwithstanding that the marriage is null and void.
🔹 Section 16(3):
However, such children can only inherit the property of their parents — not of other relatives (e.g., ancestral or coparcenary property through grandparents).
✅ Key Points
| Question | Answer |
|---|---|
| Are children of void/voidable marriages legitimate? | ✅ Yes, they are considered legitimate under Section 16. |
| Can they inherit property? | ✅ Yes, but only from their parents, not from extended family. |
| Can they claim joint family property? | ❌ No, they cannot claim ancestral/coparcenary property. |
| Is this applicable even if marriage is declared null? | ✅ Yes, legitimacy is not affected by nullity of marriage. |
🧑⚖️ Important Case Laws
Revanasiddappa v. Mallikarjun, (2011) 11 SCC 1
Supreme Court held that children born from void or voidable marriages are legitimate and entitled to property rights from parents.
Bharatha Matha v. R. Vijaya Renganathan, (2010) 11 SCC 483
Children of void marriages are legitimate, but their right to property is restricted to parents' self-acquired property.
Parayankandiyal Eravath Kanapravan Kalliani Amma v. K. Devi, AIR 1996 SC 1963
Upheld the constitutional protection of such children to ensure they are not penalized for the parents’ relationship.
🧾 Practical Example:
Let’s say:
A man marries a woman while still legally married to another (bigamy — void marriage).
They have a child.
The marriage is declared void under Section 11.
✅ Result: The child is legitimate under Section 16(2) and can inherit from the father and mother, but not from the father's parents or ancestral lineage.
🔚 Conclusion
Legitimacy is protected under Indian law to ensure children are not punished for their parents' mistakes.
The law draws a balance between protecting children’s rights and not encouraging illegal marriages.
RELATED Blog
0 comments