Section 16: Legitimacy of Children of Void and Voidable Marriages

Section 16(1):

Notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

Section 16(2):

Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

Section 16(3)

Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12 any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

Explained:

Section 16 of the Hindu Marriage Act, 1955 protects the legal status of children born from certain marriages that are declared void or annulled by a court. The provision recognises that children should not suffer legal disadvantages merely because their parents’ marriage is invalid under the law.

What Does Section 16 Provide?

Section 16(1) states that children born from a marriage declared void under Section 11 are considered legitimate, provided they would have been legitimate if the marriage had been valid. This protection applies whether or not a court has passed a decree declaring the marriage void.

Under Section 16(2), a child conceived or born before a decree of nullity is passed in respect of a voidable marriage under Section 12 is also deemed legitimate, subject to the conditions specified in the provision.

However, Section 16(3) places a limitation on property rights. Such children cannot claim rights in the property of persons other than their parents merely by virtue of the legitimacy conferred under this section.

Important Judgments on Section 16

1. Revanasiddappa v. Mallikarjun (2023 INSC 783)

In this landmark judgment dated 1 September 2023, the Supreme Court clarified that children covered by Section 16 can claim rights in their parents’ property, including the parents’ share in Hindu joint family property governed by Mitakshara law. However, they do not become coparceners by birth or acquire independent rights in the property of other relatives.

2. Jinia Keotin v. Kumar Sitaram Manjhi (2003)

The Supreme Court considered the limits of inheritance rights under Section 16(3). This earlier decision restricted claims to ancestral or coparcenary property and was subsequently reconsidered in the Revanasiddappa judgment.

3. Bharatha Matha v. R. Vijaya Renganathan (2010)

The Supreme Court addressed the inheritance rights of children born from void or voidable marriages. Its interpretation of ancestral property rights was later reconsidered by the larger bench in Revanasiddappa.

Conclusion

Section 16 of the Hindu Marriage Act, 1955, safeguards the legitimacy of children born from specified invalid marriages while defining the limits of their inheritance rights. Its interpretation must be read alongside Sections 11 and 12 and the Supreme Court’s ruling in Revanasiddappa v. Mallikarjun.