Section 26 of The Special Marriage Act, 1954
1[26. Legitimacy of children of void and voidable marriages.-- (1) Notwithstanding that a marriage is null and void under section 24, 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 (Amendment) Act, 1976 (68 of 1976), 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 25, 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 has 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 25, 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 not his being the legitimate child of his parents.]
Summary
- Section 26 of this civil marriage law protects the legal status of children born from marriages that are later declared void or annulled.
- Children from void marriages are considered legitimate even if no court petition is filed or if the marriage is found void for other reasons.
- For voidable marriages, any child conceived or born before the court cancels the marriage remains legitimate, just as if the marriage had been ended by divorce.
- While these children are fully legitimate, their property rights are restricted strictly to the property of their own parents.
- The law prevents these children from inheriting any property from their parents' relatives or extended family members.
Practical examples
FAQ
1. What does Section 26 of The Special Marriage Act, 1954, say about the legitimacy of children from void marriages?
Under Section 26 of The Special Marriage Act, 1954, children of void marriages are legitimate in the eyes of the law, regardless of whether a court has officially declared the marriage void.
2. Can a child of an annulled marriage inherit a grandparent's property under Section 26 of The Special Marriage Act, 1954?
No, under Section 26 of The Special Marriage Act, 1954, the child only has rights to the property of their parents, not the property of grandparents or other relatives.
3. Does Section 26 of The Special Marriage Act, 1954, protect children conceived before a voidable marriage is annulled?
Yes, under Section 26 of The Special Marriage Act, 1954, children conceived or born before the annulment decree is made are deemed legitimate as if the marriage had been ended by a divorce.
Test yourself
Q1.Under Section 26 of The Special Marriage Act, 1954, what is the legal status of a child born from a marriage that is declared null and void under Section 24?
Q2.Under Section 26 of The Special Marriage Act, 1954, what are the property inheritance limits for a child of a void or annulled marriage?
Q3.Under Section 26 of The Special Marriage Act, 1954, how does the legitimacy rule for children of void marriages under Section 24 compare to children of voidable marriages under Section 25?
Q4.Under Section 26 of The Special Marriage Act, 1954, is a child of a void marriage legitimate if the marriage is held void outside of a formal petition under this Act?