Legitimacy of children of void and voidable marriages
AI Assist
Summary
A child of a marriage declared void under section 11 is treated as legitimate if the child would have been legitimate had the marriage been valid, whether born before or after 1976 and whether or not a court gives a decree of nullity. If a voidable marriage is annulled, any child conceived or born before the annulment is legitimate if they would have been so had the marriage been dissolved instead. This does not give such a child rights to third persons' property where, but for this Act, the child could not have inherited because of illegitimacy.
Example
Meera and Karan marry, but later the marriage is annulled by the court under the voidable-marriage rules. Their daughter Diya was conceived before the annulment. Diya is deemed legitimate under this section even though the marriage was annulled, provided she would have been legitimate had the marriage been dissolved instead.
Bare Act
Enacted text(1) Notwithstanding that marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.
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