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Which section of the Hindu Marriage Act, 1955 provides for the legitimacy of qualifying children of…

Section 16(1) protects a child of a void marriage who would have been legitimate if the marriage were valid, even without a decree of nullity. Under section 16(2), where a…

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Which section of the Hindu Marriage Act, 1955 provides for the legitimacy of qualifying children of void marriages and of voidable marriages annulled under the Act?

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Answer and explanation

Correct answer B

Section 16(1) protects a child of a void marriage who would have been legitimate if the marriage were valid, even without a decree of nullity.

Under section 16(2), where a voidable marriage is annulled, the provision applies to qualifying children begotten or conceived before the nullity decree.

Option feedback

Option A

Section 5 sets out conditions for a Hindu marriage.

Option B

Section 16 confers legitimacy in the circumstances it specifies for void and annulled voidable marriages.

Option C

Section 11 identifies marriages that are void under the Act. Section 16 governs the child’s legitimacy.

Option D

Section 17 deals with bigamy.

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