Suit against Marriage Officer:

N.K.Assumi (Querist) 09 September 2008 This query is : Resolved
If a marriage is solemnized by an officer who is not competent to act as marriage officer under Special Marriage Act 1954, and if such marriage is void can the couple file suit against such Officer? What about the status of the child born of such void marriage? Are they legitimate or illegitimate child. If illegitimate due to the Officer can such child sue the officer on attaining majority? What steps should be taken to validate the marriage? Can such Officer take refuge under judges protection act of 1985?

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Mukul Aggarwal (Expert) 09 September 2008
Yes you can file a case against that officer and also file a case for declaration that your marriage is valid one as this is not your fault or otherwise you can do marriage once agian in mandir.. that is also valid..always remember that children are never illegitimate whatsoever is the reason....

N.K.Assumi (Querist) 09 September 2008
Do you mean to say that children born of void marriage is Legitimate?

Adv.Shine Thomas (Expert) 09 September 2008
The children born out of the marriage are legitimate because once again they performed a valid marriage the relationship become valid.

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