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Hindu Marriage Act, 1955 Sec 16- Legitimacy of children of void and voidable marriages- sub sec ( 1) (2) & 3 of sec 16- social status of an illegitimate son right to inherit the properties- Introduction of sec 16-Scope and object of – HELD, THE OBJECT SOUGHT TO BE ACHIEVED BY THIS PROVISION OS TWOFOLD. Firstly the restoration of status. For the act of the parents over which the innocent child had no control, and for no fault of it, had to suffer a permanent set back in life and being called a bastard, as illegitimate child. This social evil was wiped ot. For all practical purposes the child was treated as a legitimate child born of a lawful wedlock. Secondly, the cause for such a status of affair was their parents. Therefore, in properties of the parents equal rights are given to such children, as that of the children born out of lawful wedlock. After achieving this twin object, the parliament too care to see that conferment of status and right to property on the illegitimate child did not invade the rights of others, who are also innocent and who are in no way responsible for this sorry state of affairs. Further Held, the illegitimate child covered by sec 16(1)or (2) of this act, even on conferment of legitimacy, was not allowed by law to claim equal status under Hindu Law as that of a legitimate child. Though by the aforesaid provision the illegitimate child has been conferred the status of legitimate child, it did not confer the status of a coparcener. Consequently, such a child did not acquire any right by birth in any property much less coparcener or joint family property.
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Category Civil Law, Other Articles by - adv. rajeev ( rajoo )