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A child born to two parties would have been legitimate had their marriage been valid. The marriage is…

Section 16(1) of the Hindu Marriage Act, 1955 makes the child legitimate if the child would have been legitimate had the marriage been valid. For a marriage void under…

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A child born to two parties would have been legitimate had their marriage been valid. The marriage is void under section 11 of the Hindu Marriage Act, 1955. How does section 16(1) treat the child?

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Answer and explanation

Correct answer B

Section 16(1) of the Hindu Marriage Act, 1955 makes the child legitimate if the child would have been legitimate had the marriage been valid. For a marriage void under section 11, that consequence applies whether or not a decree of nullity has been granted.

Option feedback

Option A

Section 16(1) makes the child legitimate in the stated circumstances despite the marriage being void.

Option B

The stated facts meet section 16(1). The child is legitimate by operation of law.

Option C

Section 16(1) applies whether or not a decree of nullity is granted. A separate declaration of legitimacy is not required by that section.

Option D

Parentage is already stated. Section 16(1) asks whether the child would have been legitimate had the marriage been valid.

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