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prof s c pratihar (medical practitioner &legal studies)     11 October 2008

legitimation per subsequents matrimonium

dear members, pls discuss the scope and obligation us 16,of Hindu Marriage Act 1955 on the subject matter.



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 October 2008

It is obvious that the obtaining of a decree of nullity as a prerequisite to the grant of legitimacy to children under section 16 of our Act is anomalous, and can work a great deal of harship in some cases. Void marriage under section 5 of the act cover polygamous marriage, marriages within prohibited degrees and sapinda marriages. Many couples who have married in contravention of these provisions would not have cared to go to the court in their life time to get the marriages annulled. The result is their children being illegitimate will be deprived of succession to property, in a suit after the life time of their parents, at the instance of a third party.

prof s c pratihar (medical practitioner &legal studies)     20 October 2008

thank you . i was interested to know howmuch percentage of property he will get if marriage is registered in life time.recently some controversy is going onseen in news paper.can the son compel for dna test?role of court with the advancement of science.some extensive discussion needed since DNA test was not thought of when HMAct was passed.

anonymus (confidential)     20 October 2008

sir pls see my reply in the other heading of DNA

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