Legitimacy Of Child In Void And Voidable Marriage PdfBy Jeny M. In and pdf 07.05.2021 at 20:46 8 min read
File Name: legitimacy of child in void and voidable marriage .zip
Illegitimate children as understood are those children who are not born out of a lawful wedlock. Not just the society but even the law has discriminated against them in many ways. However, with the emergence of a group of people in the society who are rational and liberal in their outlook and do not consider illegitimacy as a stigma, the laws are also being amended accordingly.
- Void and Voidable Marriages under Hindu Marriage Act, 1955
- 26. Legitimacy of children of void and voidable marriages
- 16. Legitimacy of children of void and voidable, marriages
Marriage among the Hindus was considered a sacramental union and it continued to be so throughout the entire Hindu period. The manu smriti says I hold your hand for saubhagya good luck that you may grow old with your husband, you are given It came into effect from 21st December,
Void and Voidable Marriages under Hindu Marriage Act, 1955
It has already been pointed out that while in respect of bigamous marriage or marriage with an insane person, s. Section 21, however, refers to such decree as one annulling the marriage which is and can be passed when the marriage is voidable and not void per se. Section 21, which purports to provide for legitimacy of children of annulled marriages, appears to be productive of arbitrary and incongruous results when compared to the analogous provisions of the Hindu marriage Act and the Special Marriage Act. The Parsi Marriage and Divorce Act has somewhat similar provisions in s. And under Section 12, a marriage is voidable if a the marriage has not been consummated owing to the impotence of the respondent, or, b any of the parties was suffering from unsoundness of mind or other mental disorder, or, c the consent of the petitioner was obtained by force or fraud, or d the respondent wife was at the time of the marriage pregnant by some person other than the petitioner husband. But Section 16 clearly provides that any child of a void marriage, and also any child of a voidable marriage begotten or conceived before a decree of nullity is made, shall be deemed to be the legitimate child of the parties, though such child shall not be entitled to any right in or to the property of any other person as such child. But s.
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Where a decree of nullity is granted in respect of any marriage under section 11 or 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 it had been dissolved instead of having been declared null and void or annulled by a decree of nullity shall be deemed to be their legitimate child notwithstanding the decree of nullity :. Provided that nothing contained in this section shall be construed as conferring upon any child of a marriage which is declared null and void or annulled by a decree of nullity 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. Skip to main content. Search Search. Secondary menu Login Register.
26. Legitimacy of children of void and voidable marriages
This article deals with the nullity of marriage under Hindu law, grounds of invalidity, and effect on marriage. The term nullity, lexically, means null and void, i. The nullity of marriage is a situation under which a marriage becomes void and has no standing in a court of law. Marriage in all religions is termed as the holiest union; therefore cessation of such a sacred relationship is a very delicate matter. For instance , Marriage now no longer considered as an ever-lasting union.
The concept of marriage is to form a relationship between husband and wife. Marriage is a religious tie which cannot be broken. According to Section 5 of Hindu Marriage Act, it was accepted that a Hindu Marriage was a religious ceremony and also a Sanskara performed as a purification rite. It was also established that every and any Hindu could marry. The exceptions to this are the ones prohibition which is on the basis of caste, gotra, religion and blood relationship. Such prohibition is based on some rules which are endogamy where a man cannot marry a woman, who is of his relation and exogamy a man cannot marry a woman who belongs to another tribe.
My wife or her family is threatening to file a what should i do? Child notwithstanding the decree of nullity. So the object of Section 16 of the Hindu Marriage Act is to confer the status of legitimacy of children born in void and voidable marriages. Section 16 by legal fiction lays down that even if a child born of void or voidable marriage is conferred with the status oflegitimacy but it is debarred from inheriting to property of any person other than it's parents. In Rameshwari Devi v. State of Bihar AIR SC Supreme Court has observed that marriage of parties may, because of in contravention of clause i of Section 5 of Hindu Marriage Act was void marriage but under Section 16 of the said Act children of void marriage are legitimate for the purpose of succession to property of father. Started by Ajay.
If she re-married the child would, since he was born during another marriage, be presumed to be the legitimate child of that mirriage under the same section. The.
16. Legitimacy of children of void and voidable, marriages
A voidable marriage also called an avoidable marriage is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage , which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage. The concept of "voidable marriage" arose from the early ecclesiastical courts which had jurisdiction to determine what constituted a valid marriage.
If a marriage prohibited by this chapter is contracted or solemnized outside of the State, when the legal residence of either party to the marriage is in this State, and the parties thereto shall afterwards live and cohabit as spouses within the State, they shall be punished in the same manner as though the marriage had been contracted in this State. A clergyperson or minister of any religion who resides in the State, provided he or she is registered with the Clerk of the Peace in the county where he or she resides. A clergyperson or minister of any religion who does not reside in the State, provided he or she is registered with the Clerk of the Peace in the county where the marriage ceremony is to be performed. A current or former federal judge or magistrate with jurisdiction over this State.
Она молилась, чтобы его усилия увенчались успехом. Направляясь к центру Третьего узла, Сьюзан пыталась привести свои мысли в порядок. Странно, что она чувствует нервозность в такой знакомой ей обстановке.
Ну и полет, придурок, - издевательски хмыкнул парень с тремя косичками. Беккер прищурился от внезапной вспышки яркого света. Это был тот самый парень, за которым он гнался от автобусной остановки.
Двадцать минут? - переспросил Беккер. - Yel autobus. Охранник пожал плечами. - Через сорок пять минут. Беккер замахал руками.
Невскрываемого алгоритма никогда не существовало, как не существовало и Цифровой крепости. Файл, который Танкадо разместил в Интернете, представлял собой зашифрованный вирус, вероятно, встроенный в шифровальный алгоритм массового использования, достаточно сильный, чтобы он не смог причинить вреда никому - никому, кроме АНБ. ТРАНСТЕКСТ вскрыл защитную оболочку и выпустил вирус на волю. - Линейная мутация, - простонал коммандер. - Танкадо утверждал, что это составная часть кода.
Сьюзан пробежала все их глазами. PFEE SESN RETM - Альфа-группы из четырех знаков, - задумчиво проговорила Сьюзан. - И частью программы они явно не являются. - Да бросьте вы это, - проворчал Джабба.
Послышались другие звуки, похожие на шум борьбы. ГЛАВА 55 - Ты уселся на мое место, осел. Беккер с трудом приподнял голову.