Friday, September 29, 2017

Children born out of void marriages are legitimate

Supreme Court dismissed the appeal filed by Centre, challenging the judgment of Madras High Court which correctly held that children though born out of void marriages are still considered legitimate.

This matter pertains to a situation where the son of deceased born out of second marriage was considered for appointment in Southern Railways on compassionate grounds. In the instant matter, the southern railway rejected the claim of appointment as the child was born out of the second wife and the second wife was not entitled to any benefits as per the instructions of the railway board. As per the circular of Railway Board dated 2.1.1992 appointment on compassionate ground cannot be granted to children born out of the second wife. 

However, the bench Madras High Court did not agree with the Railways contention and while relying on the judgment of Rameshwari Devi v. State of Bihar given by Supreme Court held that the second marriage during the subsistence of first marriage is though considered illegal but children born out of the second marriage are nevertheless considered legitimate and are lawfully entitled to the estate of the father. As per Section 16 of the Hindu Marriage Act, children born out of void marriages are considered as legitimate. 

The Centre filed an appeal against this judgment of the Madras High Court. The Supreme Court, however, dismissed the petition filed by the Centre and termed it as unnecessary litigation. 
The Author Mr.K.P.Satish Kumar M.L. is the leading Child custody lawyer
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