Children of invalid marriage have right in Parent’s property

Children of invalid marriage have right in Parent’s property

Author:- Mitali Kasat, A student at Indian Law Society

In a September 1, 2023 ruling, the Supreme Court of India ruled that children born out of invalid marriages should be able to claim a share of their parents' self-acquired assets or joint ancestral property. A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud however clarified that such a child would not be entitled to rights in or to the property of any other person in the family. Moreover, if children are not able to provide proper care to the parents, they can take back the property.

Which marriages lead to invalid or void?

Section 11 of the Hindu Marriage Act states that "Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 1[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5."

A Hindu marriage will be considered void ab initio i.e., void from the very beginning on the three grounds as laid down under Section 11 of the Hindu Marriage Act, 1955:

Bigamy:

1. Bigamy is marrying another person when the first marriage is still legal and valid. The condition of valid Hindu marriage as per Section 5(i) of the Hindu Marriage Act, 1955 states that at the time of the marriage parties to the marriage should not have a spouse living. If this condition is violated, it will attract Section 11 and Section 17 of the Hindu Marriage Act, 1955.

2. By Section 11 of the Hindu Marriage Act, 1955, the marriage would be declared void, and by Section 17 of the Hindu Marriage Act, 1955, the offending party would be prosecuted under Sections 494 and 495 of the Indian Penal Code, 1860.

Case:

1. Smt. Yamunabai v. Anant Rao: The Supreme Court ruled that there was no second wife in this particular case because the second marriage was void-ab-initio and void marriages do not qualify for maintenance under Section 125 of the CrPC (Code of Criminal Procedure, 1973).

Sapinda relationship:

1. Section 5(v) of the Hindu Marriage Act, 1955 states an essential condition that for a valid Hindu Marriage the parties are not sapindas of each other If the parties are sapindas of each other then it will attract Section 11 of the Hindu Marriage Act, 1955. The violation of Section 5(v) will result in the marriage being void, and the parties will be punished by Section 18(b) of the Hindu Marriage Act, 1955, which imposes a penalty of simple imprisonment of one month or a fine of 1000 rupees or both.

Conclusion:

Hence according to Hindu Law and recent judgement children of void marriages do have rights in their parent’s property but not in any other family member’s property.

Reference:-

1.  Hindu Marriage Act 1955 Bare Act.

2.  1988 AIR 644, 1988 SCR (2) 809 

3. https://www.legalserviceindia.com/legal/article-4475-void-marriages-under-hindu-law.html.