Children of annulled marriage
AI Assist
Summary
Children born before an annulment because a former spouse was alive but the parties married in good faith believing them dead, or because of insanity, must be named in the decree. Those children inherit as if legitimate from the parent who, at the time of the marriage, was competent to contract.
Example
Priya marries Arjun believing his earlier wife had died and they have a son before any court order. Later the earlier wife appears and the marriage is annulled. The decree will specify the son, and he can inherit from the parent who was competent to contract at the time of the marriage as if he were legitimate.
Bare Act
Enacted textWhere a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree is made shall be specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.
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