(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 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.
(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.
(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.
THE HINDU MARRIAGE ACT, 1955; ACT NO. 25 OF 1955 - An Act to amend and codify the law relating to marriage among Hindus.
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- 1. Short title and extent.
- 2. Application of Act.
- 3. Definitions.
- 4. Oveirriding effect of Act. Save as otherwise ex...
- HINDU MARRIAGES : Sec 5.
- 6. Guardianship in marriage.
- 7. Ceremonies for a Hindu marriage.
- 8. Registration of Hindu marriages.
- RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARA...
- 9. Restitution of conjugal right.
- 10. Judicial separation.
- NULLITY OF MARRIAGE AND DIVORCE
- 11. Void marriages.
- 12. Voidable marriages.
- 13. Divorce.
- 13 (1A)
- 13 (2) A wife may also present a petition for the ...
- 13A. Alternate relief in divorce proceedings.
- 13B. Divorce by mutual consent.
- 14. No petition for divorce to be presented within...
- 15. Divorced persons when may marry again.
- 16. Legitimacy of children of void and voidable ma...
- 17. Punishment of bigamy.
- 18. Punishment for contravention of certain other ...
- JURISDICTION AND PROCEDURE
- 19.Court to which petition shall be presented.
- 20. Contents and verification of petitions.
- 21. Application of Act 5 of 1908.
- 21B. Special provision relating to trial and dispo...
- 21C. Documentary evidence.
- 22. Proceedings to be in camera and may not be pri...
- 23. Decree in proceedings.
- 23A. Relief for respondent in divorce and other pr...
- 23A. Relief for respondent in divorce and other pr...
- 24. Maintenance Pendente lite and expenses proceed...
- 25. Permanent alimony and maintenance.
- 26.Custody of children.
- 27. Disposal of property.
- 28. Appeals from decrees and orders.
- 28A. Enforcement of decrees and orders.
- THE HINDU MARRIAGE ACT (Sections & Subject Heading)
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