Supreme Court Reserves Order on Inheritance Rights of Children from Invalid Marriages

Supreme Court Reserves Order on Inheritance Rights of Children from Invalid Marriages

Subject :Polity

Section: Msc

Case Background and Context

• The case centers on the interpretation of Section 16(3) of the Hindu Marriage Act, 1955.
• Section 16 aims to legitimize children from null and void marriages as legitimate if the marriage were valid.
• Section 16(3) restricts the inheritance rights of children from void or annulled marriages.

Revanasidappa v Mallikarjun Judgment (2011)

• Division Bench: Justices G.S. Singhvi and A.K. Ganguly.
• Children from void and voidable marriages deserve rights equal to those born from valid marriages.
• Children have rights over both self-acquired and ancestral property of their parents.
• Emphasized that a child’s legitimacy is independent of the parent’s relationship.
• Acknowledged changing social norms and the evolving concept of legitimacy.
• Clarified that children’s claims extend only to parental property, not other relations’ property.

Differing Views and Larger Bench

• 2011 Division Bench decision contradicted earlier Supreme Court judgments.
• Referral to a larger three-judge bench to reconcile conflicting views.

Supreme Court Bench

• Three-judge bench: Chief Justice D.Y. Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.

Prior Supreme Court Cases

• Bharatha Matha & Another v. R. Vijaya Renganathan & Others (2010): Children from void marriages can’t claim ancestral coparcenary property, only self-acquired property.
• Jinia Keotin v. Kumar Sitaram (2003): Similar to Bharatha Matha, children from void marriages have rights only in self-acquired property.

The Hindu Marriage Act, 1955: 

Introduction 

• The Hindu Marriage Act is a significant law in India regulating marriages among Hindus, Buddhists, Jains, and Sikhs.
• Enacted in 1955, it also applies to individuals not belonging to Muslim, Christian, Parsi, or Jewish faiths.
• Aims to regulate, safeguard, and uphold the institution of marriage within the Hindu community.

Structure and Purpose of the Act

• Comprises six chapters and 29 sections, outlining diverse aspects of Hindu marriages.
• Sets conditions for a valid Hindu marriage, including age, mental capacity, and prohibited relationships.
• Defines ceremonies, both traditional and court-registered, to solemnize Hindu marriages.
• Stresses the significance of registering marriages to ensure legal recognition and protection of rights.

Important Sections 

• Section 9: Restitution of Conjugal Rights
• Section 13: Grounds for Divorce
• Section 16: Legitimacy of Children

Section 24: Maintenance and Alimony