The
Supreme Court on Friday held that children born out of "void or
voidable" marriages are legitimate and have rights to their parents'
properties under the Hindu Succession Act,
According
to the Hindu law, the man and woman in a void marriage do not have the status
of husband and wife. However, they have the status of husband and wife in a
voidable marriage.
In
a void marriage, no decree of nullity is required to annul the marriage. While,
in a voidable marriage, a decree of nullity is required.
The
Supreme Court's verdict came on a 2011 plea pertaining to the legal issue of
whether non-marital children were entitled to a share in the ancestral property
of their parents under Hindu laws.
"We
have now formulated conclusion, 1. A child of a marriage which is null and void
is statutorily conferred with the legitimacy, 2. In terms of 16(2) (of the
Hindu Marriage Act) where a voidable marriage is annulled, a child begotten
before degree is deemed to be legitimate," a bench headed by Chief Justice
D Y Chandrachud said in the judgement.
"Equal
rights have been granted to daughters in the same manner…," the bench
stated.