The Supreme Court of India has lately delivered a corner judgment on the issue of whether children born out of void or voidable marriages can inherit their parents’ properties under the Hindu Succession Act. A void marriage is one that isn’t fairly valid and has no effect in law, while a voidable marriage is one that can be annulled by a court decree on certain grounds. The Hindu Marriage Act, 1955, provides for the legality of children born out of similar marriages under Section 16, but doesn’t specify their rights in the ancestral property of their parents.
A three- judge bench headed by Chief Justice D Y Chandrachud held that children born out of void or voidable marriages are licit and have equal rights as other children in the common family property of their parents. The bench clarified that this would apply only to Hindu common family parcels and not to tone- acquired parcels of the parents. The bench also noted that this would not affect the particular rights of the parties to the marriage, similar as conservation, alimony, or guardianship.
The judgment was delivered on a reference made by a two- judge bench in 2011, which had raised several questions regarding the interpretation and operation of Section 16 of the Hindu Marriage Act. The reference was made in a case where a woman had challenged the denial of her share in her father’s ancestral property on the ground that she was born out of a void marriage. The trial court and the high court had ruled against her, holding that Section 16 only conferred legality on similar children and not any right in the ancestral property.
The Supreme Court, still, dissented with this view and observed that Section 16 was legislated to remove the smirch and difficulty faced by similar children and to insure their weal and quality. The court said that Section 16 should be read harmoniously with the Hindu Succession Act, which grants equal rights to sons and daughters in the coparcenary property of their parents. The court also reckoned on the principles of justice, equity, and good heart to uphold the rights of similar children.
The judgment has been hailed as a progressive and humane one, as it recognizes the rights of children who are innocent victims of circumstances beyond their control. It also upholds the indigenous values of equivalency, quality, and social justice for all. The judgment is anticipated to have far- reaching counteraccusations for numerous cases involving disputed heritage claims arising out of void or voidable marriages.
