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Devakrishnan (Consultant)     27 December 2010

Rights of illegimate child born before 1976

hi friends

Advice me on this issue

 

The Hindu Marriage Act underwent important changes by virtue of the Marriage Laws (Amendment) Act, 1976, which came into force with effect from 27.5.1976. Under the ordinary law, a child for being treated as legitimate must be born in lawful wedlock. If the marriage itself is void on account of contravention of the statutory prescripttions, any child born of such marriage would have the effect, per se, or on being so declared or annulled, as the case may be, of b*st*rdizing the children born of the parties to such marriage. Polygamy, which was permissible and widely prevalent among the Hindus in the past and considered to have evil effects on society, came to be put an end to by the mandate of the Parliament in enacting the Hindu Marriage Act, 1955. The legitimate status of the children which depended very much upon the marriage between their parents being valid or void, thus turned on the act of parents over which the innocent child had no hold or control. But, for no fault of it, the innocent baby had to suffer a permanent set back in life and in the eyes of society by being treated as illegitimate. A laudable and noble act of the legislature indeed in enacting Section 16 to put an end to a great social evil. At the same time, Section 16 of the Act, while engrafting a rule of fiction in ordaining the children, though illegitimate, to be treated as legitimate, notwithstanding that the marriage was void or voidable chose also to confine its application, so far as succession or inheritance by such children are concerned to the properties of the parents only.

 

So what is the right of child  under vodiable marriage born before 27.5.1976 ?

Does child of voidable marriage born after 27.5.1976 can claim rights ?

 

PLS PROVIDE REFERENCE JEDGEMENTS.



Learning

 1 Replies

Mohit Attri (lawyer)     27 December 2010

not so clear.but i think in both conditions illegtimate has equal right as legtimate.i think in first condition ilegtimate would treated like as legtimate.and in secnd condition ileegtimate can claim right.

let s wait more replies.


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