- 21-Dec-2024
- Family Law Guides
In India, children born out of an invalid marriage (also referred to as a void marriage) still have several legal rights. Despite the invalidity of the marriage between their parents, the law ensures that the children are not left without legal protections or rights. These rights pertain to their inheritance, maintenance, custody, and guardianship. The Indian legal system upholds the well-being and legitimate interests of the children, irrespective of whether their parents’ marriage was valid or not.
Under Indian law, children born from an invalid marriage are still considered legitimate in terms of their rights, particularly with respect to maintenance and inheritance. The concept of legitimacy in India is broadly focused on the child’s rights to protection and support, rather than the marital status of the parents.
Section 16 of the Hindu Marriage Act specifically protects the rights of children born out of a void or voidable marriage. It clarifies that children born to parents whose marriage is later declared void or voidable under the Act will still be considered legitimate and entitled to inheritance rights.
According to this provision, such children are considered the legitimate children of the parents, and their legal status does not change, even if their parents' marriage was invalid.
Under the Special Marriage Act, children born from an invalid marriage are still entitled to inheritance from the parents, subject to the provisions of the Act.
A child born out of a marriage that was later declared void still enjoys equal rights to property as children born out of valid marriages, as per Section 16 of the Special Marriage Act.
Children born from an invalid marriage can claim inheritance rights from both parents under Indian law. Their right to inherit the property of the biological parents is recognized by the courts, irrespective of whether the marriage was valid.
If the father dies, the child can claim inheritance from his property, whether or not the marriage was legally valid.
Similarly, the child can inherit the mother’s property as her legitimate heir, even if the marriage was invalid.
The Supreme Court of India in several cases (like Laxmi v. Dinesh and Vidhyadhar v. Manohar), has upheld that children born out of a void marriage have equal inheritance rights as those born to valid marriages.
Children born out of an invalid marriage are entitled to maintenance from both parents. Their right to maintenance is independent of the legal status of their parents' marriage.
Section 125 of the Criminal Procedure Code (CrPC) entitles minor children to claim maintenance from both parents, regardless of whether the parents' marriage is valid or not.
If the father refuses to provide maintenance, the mother can approach the court and seek an order for maintenance for the child.
Under Section 20 of the Hindu Adoption and Maintenance Act, a child, even if born out of an invalid marriage, can claim maintenance from the biological father, provided that the father is capable of providing it.
Children born out of an invalid marriage have rights to custody and guardianship, irrespective of the invalidity of the marriage.
Custody and guardianship rights are typically determined based on the best interest of the child. If the parents are separated or in dispute, the court may award custody to either parent or to a guardian.
In most cases, if there is no dispute over custody, the child may be granted to the mother.
In cases where the father has a better chance of providing a stable environment for the child, the court may grant custody to him.
Children born out of an invalid marriage have the right to a name and identity, and they can carry the surname of either parent.
The birth of the child must be registered, and the child can take the mother’s or father’s surname, as agreed upon by the parents.
Even though the marriage between the parents may be invalid, children born out of such unions are entitled to the same social and legal recognition as any other child. They cannot be deprived of their basic rights and protections.
A man and woman marry, but their marriage is later declared void by the court because it was conducted under false pretenses (e.g., one spouse was already married). Despite the marriage being void, they have a child. The child is entitled to inherit property from both parents, claim maintenance, and enjoy custody rights.
A woman gives birth to a child out of a relationship where the marriage was declared invalid. The father denies responsibility for the child, but the child can claim maintenance under Section 125 CrPC, irrespective of the invalidity of the marriage.
Children born out of an invalid marriage in India are still granted several legal rights under the law. These rights include inheritance from both parents, maintenance, custody, and the right to a name and identity. Despite the invalidity of the marriage, the child is considered legitimate in terms of their social, legal, and economic entitlements. The law ensures that such children are protected and provided for, without discrimination, emphasizing their best interest in matters related to their welfare, inheritance, and guardianship.
Answer By Law4u Team
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