Whether children born out of physical relationship between man and woman will get benefit of deeming legitimacy?
I rely on the decision in Revanasiddappa & anr. v. Mallikarjun & Ors. (supra), where it is held that "however one thing must be made clear that benefit given under the amended section 16 is available only in cases where there is a marriage may such marriage is void or voidable in view of the provisions of the act". In converse, if there is no marriage may be void or voidable, then, this benefit of 'deeming legitimacy' is not available for the children, who are begotten out of any physical relationship of a man and a woman. Thus, the meaning of marriage and the benefit of legitimacy as contemplated under section 16 is not wide but is restricted to and controlled by the word 'marriage'. Any physical relationship between a man and a woman is not contemplated as a marriage under section 16 of Hindu Marriage Act.
IN THE HIGH COURT OF BOMBAY
Review Petition No. 19 of 2016 in First Appeal No. 577 of 2015
Decided On: 07.06.2017
Indubai Jaydeo Pawar and Ors. Vs. Draupada and Ors.
Hon'ble Judges/Coram:
Mridula Bhatkar, J.
Citation: 2017(6) MHLJ 816
https://www.lawweb.in/2018/01/whether-children-born-out-of-physical.html
