Illustration: Suppose there are two parts – `A` and `B`, both are Sapinda by blood. Their marriage would be null and void. Section 5 of the Hindu Marriage Act, 1955 sets out the conditions for a valid marriage. A marriage can be qualified as valid if it meets the following conditions: According to the wording of the above law, legitimate status has been granted only to children of marriages declared null and void. The concept of nullity of marriage has its origin in early English law, when ecclesiastical courts exercised jurisdiction over disputes related to marriage. Certain obstacles have been provided for in English laws, the violation of which has called into question the validity of the marriage. These obstacles have been divided into absolute and relative obstacles that continue to lead to null and void or questionable marriages. The Hindu Marriage Act of 1955 distinguishes between null and void marriage and contestable marriage. Article 16 of the Act stipulates that children of all null and void marriages are considered legitimate, but have the right to inherit their parents` property alone. In general, a child born in wedlock is a child whose parents are legally married at the time of birth, that is, a child born of a valid marriage. However, the scope of legitimate children was extended by § 16 HMA, 1955. Section 12 of the Hindu Marriage Act, 1955 sets out the grounds for a questionable marriage and the conditions of some of those grounds.
The reasons invoked apply to both marriages before and under the law. These reasons are as follows: Null marriages – A null marriage is not a marriage, regardless of the fact that all the rites and ceremonies took place. In simpler terms, null marriage is a marriage entered into between two of those persons who are not capable of marrying, or the marriage violates clause (1), (4) and (5) of section 5 of the Hindu Marriage Act, 1955. A null marriage is null-ab-initio, which means that it is null and void from the beginning, that is, it never existed. Null marriages do not need a decree to annul it, since it never existed, so even if the court issues a decree of annulment, it declares it only null and void, does not make it null and void. Null marriages do not lead to the status of husband and wife, do not give rise to mutual rights and obligations. The parties to the null marriage can remarry, since the marriage never existed, so that they would not be charged with the offence of bigamy. A contestable marriage is a marriage that can be dissolved.
Unless an application for marriage annulment is filed, it remains legal. Under the Hindu Marriage Act 1955, a court of competent jurisdiction may declare the marriage null and void. The partners in such a marriage must decide whether to proceed or have it declared null and void. These children may inherit their father`s separate property under section 8 of the Hindu Inheritance Act 1956, but have not been able to claim the father`s co-park interest. The child of such a marriage has no birth rights in the hindu common family property. [7] www.tclindia.in/children-born-out-of-a-void-marriage-are-entitled-to-a-share-only-in-the-separate-property-and-not-to-the-joint-family-properties-of-their-father/ Years. Children conceived or born before the decision on the annulment or absolute nullity of the marriage referred to in article 36 have become final and the execution of the will is considered legal. Unlike null marriages, it is necessary to have a court decision for a questionable marriage.
The grounds provided for in section 12 of the Hindu Marriage Act for marriage as a contestable marriage are as follows: the grounds for annulment of a marriage under section 11 are as follows: the Hindu Marriage Act 1955 provided for a distinction between video and contestable marriages. Article 16 of the Act provides for the legitimacy and property rights of children born of a null or void marriage. The situation of children from null and void marriages has gradually improved. Previously, in English law, children of marriages that could only be challenged if one could legitimately. In addition, legitimacy status has also been granted to children of null marriages under the Hindu Marriage Act 1955. Subsequently, the amendment to section 16 by the Marriage Laws (Amendment) Act 1976 clarified that the declaration of a null and void marriage was not necessary to give legitimacy to the children of such a marriage. The court ruled that if the children of a null marriage are considered legitimate, they are not entitled to a share of their parents` joint family property. Their right to claim the share is limited to the extent of their father`s separate property, although they cannot claim that property during their father`s lifetime. It is only after the death of their father and only by inheritance that they are entitled to their father`s special property. At the same time, the court stated that the KPTCL standard violated Section 16 of the Hindu Marriage Act as well as Sections 14, 15(1) and 16(1), as well as the principles of the State Policy of the Constitution regarding children, which would include all children, whether legitimate or illegitimate, in order to have equal opportunities.
„Null and void marriages – Any marriage solemnized after the coming into force of this Act is null and void and may be annulled by a judgment of annulment at the request of either party [against the other party] if it violates any of the conditions set out in paragraphs (i), (iv) and (v) of Article 5.“ These are marriages that are illegal or invalid from the start. A. Children born of a null marriage are entitled to rights to their parents` property. Only one of the parties to the marriage may apply for the annulment of a decision. In the case of relative obstacles, there is an obstacle that prohibits marriage with a particular person, and marriage is questionable, that is, one party can avoid marriage. These obstacles have led to the classification of marriage, which are: a marriage between the parties who are sapindas, or in other words, a marriage between the parties belonging to his relatives or the same family. Therefore, the grounds for a null and void marriage in accordance with this provision are as follows: Prior to the Hindu Marriage Act of 1955, the parties to a marriage had no means of freeing themselves from it. Parties to a null and void marriage have a remedy under sections 11 and 12 of the Hindu Marriage Act, 1955. Under the Amending Act 1976, a child born of a void or questionable marriage was considered legitimate. According to section 5 of the Hindu Marriage Act 1955, certain conditions must be met for a marriage to be valid; If these conditions are not met, the marriage is considered null and void or voidable.
A questionable marriage on both sides of the party is called a questionable marriage. It is valid unless the application for annulment of the marriage is filed. Such marriage must be annulled by a court of competent jurisdiction under the Hindu Marriage Act 1955. The parties to such a marriage must decide whether they want to go with such a marriage or invalidate it. In addition, the bank said, the Hindu Marriage Act, which is a personal law for Hindus, and the Special Marriage Act, recognize a child born of a null or contestable marriage who is considered a legitimate child. Here are examples of determining the contestability of a marriage: There are two parts „A“ and „B“, where „A“ is the husband and „B“ is the wife who has a consanguinity or close relationship with A, which can also be called Sapinda. This process is therefore considered invalid. The status of children born of null and void marriages is discussed in section 26 of the Special Marriage Act 1954. Subsection (1) provides that if a marriage is declared null and void under section 24 of the Special Marriage Act 1954, each child of that marriage is legitimate as it would have been if the marriage had been valid.
Children born of such a questionable marriage that is not annulled/annulled/avoided by both parties to the marriage would be legitimate in the same way as children born of a valid marriage. At the time of the enactment of the Hindu Marriage Act 1955, we adopted the position of children of questionable marriages given under the Matrimonial Causes Act 1950, according to which legitimacy status was granted to the children of a contestable annulled marriage.