Which of the following Sections of the Hindu Marriage Act, 1955, provides that children of a void…
Section 16(1) legitimises a child of a marriage void under section 11, whether or not a decree declaring nullity is made. Section 16(2) separately protects specified…
Choose your answer
Which of the following Sections of the Hindu Marriage Act, 1955, provides that children of a void marriage would be the legitimate children?
Answer and explanation
Correct answer B
Section 16(1) legitimises a child of a marriage void under section 11, whether or not a decree declaring nullity is made. Section 16(2) separately protects specified children of an annulled voidable marriage, and section 16(3) limits these property rights to the parents’ property. Section 11 concerns nullity, section 17 bigamy, and section 18 punishment for specified marriage conditions.
Current law: Revanasiddappa (2023) explains that parents’ property includes their determined share in joint-family property, while section 16 children do not acquire coparcenary status by birth or rights in others’ property.
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