Section 16 of Hindu Marriage Act, 1955

The concept of nullity of marriage originated in early English law, when religious courts had authority over marriage-related matters. Some obstacles were imposed by English law, the breaking of which called the marriage's legitimacy into doubt. These obstacles have been classified as absolute and relative impediments, which result in invalid and voidable marriages. The Hindu Marriage Act of 1955 distinguishes between invalid and voidable marriages. According to Section 16 of the Act, children of void and annulled voidable marriages are legal, but they are only entitled to their parents' property. A legitimate child is one whose parents are lawfully married at the time of birth, i.e., a child born from a valid marriage. However, Section 16 of the HMA of 1955 widened the definition of legitimate children.

What is Legitimacy of a Child?

The status that a child obtains at birth as a result of a valid marriage or union that meets the requirements for a Hindu marriage outlined in Section 5 of the Hindu Marriage Act, 1955, or, in other words, the status of the child born to legally married parents and the child conceived prior to their divorce. A child's legal status impacts their rights and duties. It exemplifies how society should treat children. The child is given the title and surname of his father. It entitles the child to inherit both the father's and the ancestors' property.

The Hindu Marriage Act of 1955 distinguishes between valid and voidable marriages. Section 16 of the Act grants legitimacy and property rights to children born from invalid or voidable marriages.

Voidable Marriages and legitimacy of children born out of it

A voidable marriage is a valid marriage until it is avoided by either party, or in other words, a voidable marriage is one that may be avoided by either party filing a petition declaring the marriage void, and if the parties do not file the petition, the marriage remains valid. As long as the voidable marriage is not avoided, all of the effects of the legitimate marriage follow. Parties to an unavoidable voidable marriage may not marry the other person; if they do, they will be punished with bigamy, as the implications of legal marriage follow from an unavoidable voidable marriage.

Legitimacy of Children

The Special Marriage Act and the Hindu Marriage Act of 1955 both discuss the legitimacy of children born from voidable marriages in the following situations −

Children born or conceived before the order of nullity is issued are considered legitimate, as though the decision terminated rather than annulled the marriage.

Children born from a voidable relationship who are not declared void, annulled, or avoided by either side have the same legal standing as children born from valid marriages.

Children born from a voidable marriage that has been declared void, annulled, or unavoidable by either side to the union would be legitimate, but they could only inherit their parents' properties and not those of others. They do not have coplanar rights.

Void Marriages and Legitimacy of Children Born Out of it

A void marriage is not a marriage, regardless of whether all the rituals and ceremonies were performed. In layman's terms, a void marriage is one that occurs between two people who do not have the legal competence to marry or one that occurs in violation of clauses (1), (4), and (5) of Section 5 of the Hindu Marriage Act, 1955. A void marriage is void-ab-initio, which means it never existed in the first place. Invalid marriages do not require a decree to be annulled since they never occurred, therefore even if the court issues an annulment order, it just proclaims it null and void and does not constitute it null and void. Void marriages provide no status for the husband and wife and no mutual rights and duties. Because the void marriage never existed, the parties can remarry and will not be charged with bigamy.

Legitimacy of Children

Children born from void marriages are considered legitimate under Section 16 of the Hindu Marriage Act of 1955 and the Special Marriage Act, regardless of whether the marriage has been declared null and void by the court. However, they only inherit their parents' property, not any other inherited property.

Difference between Void and Voidable Marriage

Void Marriage	Voidable Marriage
A wife does not have the right to claim maintenance in the void marriage.	A wife has the right to claim maintenance in the voidable marriage.
In a void marriage, the parties do not have the status of husband and wife.	Husband and wife have the status in the voidable marriage.
In a void marriage, no decree of nullity is required.	In a voidable marriage decree of nullity is required.
In the eyes of the law, a void marriage is nothing.	A voidable marriage is to be declared void by a competent court.
The children in a void marriage are treated as legitimate.	The children in a voidable marriage are treated as illegitimate but this distinction is deleted by the Supreme Court and said a child cannot be said termed as illegitimate.

Conclusion

Children from null and voidable marriages now have a formal status. Only the kids of voidable marriages were once considered valid under English law. The children of invalid marriages were likewise accorded legal status by the Hindu Marriage Act of 1955. Following that, Section 16 of the Marriage Laws Amendment Act of 1976 was revised to clarify that the status of legitimacy for the offspring of such a marriage did not need the declaration of a void marriage.

FAQs

Q1. What is bigamy and polygamy?

Ans. Bigamy and polygamy are two separate marriage practices involving numerous marriages. In most bigamous marriages, the two or more spouses have no knowledge of who the other is. Two or more spouses in a polygamous marriage are aware of one another's relationship with the spouse.

Q2. What is void and voidable marriage?

Ans. A competent judge must declare a marriage null and void. Children born from a null marriage are recognized as genuine. When a marriage is pronounced voidable, the children produced as a result are considered illegitimate; however, the Supreme Court has eliminated this distinction, so no kid may be referred to as illegitimate.

Q3. What is the legitimacy of children of void and voidable marriage Sec 16?

Ans. The Hindu Marriage Act of 1955 distinguishes between invalid and voidable marriages. According to Section 16 of the Act, children of void and annulled voidable marriages are legal, but they are only entitled to their parents' property.

Q4. How does the Hindu Marriage Act provide for the legitimacy of children of voidable marriage?

Ans. The Hindu Marriage Act of 1955 distinguishes between invalid and voidable marriages. Children of all null and voidable marriages are recognised as legitimate under Section 16 of the Act, however they only have the right to inherit their parents' property, not ancestral property.

Q5. What happens to a child born from a void marriage?

Ans. Any children born from a void marriage are regarded as genuine. In a voidable marriage, any child born of a marital connection that is later ruled invalid by a court is also considered legitimate.