Effect of Annulment of Marriage by a Decree of Nullity on Children Begotten before the Decree?

If this is proved, the child is illegitimate and cannot claim a right of inheritance either to the husband of its mother or the putative father. This was so even before the Act. Suppose a woman marries but the marriage is void on account of a legal requirement, e.g., the requirement as to absence of Sapinda relationship.

The marriage is void and before the Act the issue would be illegitimate with consequential disability in regard inheritance to the father. After the Act the marriage can be annulled by a decree of nullity. When this is done the effect of the decree is to declare that the marriage has been void ab intio.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!

order now

The issue of the marriage would have been illegitimate. But the Act says that this should not be so. By a fiction it would be imagined that the decree is one of dissolution of marriage, i.e. divorce. In case of divorce the issue begotten during the marriage would be legitimate. Though the decree granted is one of nullity of marriage such issue would be treated as legitimate. This is done, however, for the limited purpose of enabling the issue to inherit to the parents.

Related Articles

Legal Provisions Regarding “Intoxication” in India – Section 85 and 86 of IPC

All England Report in its Annual Review 1989 observed: “Alcoholism may constitute a disease provided it has damaged the brain to an extent as to grossly impair the ability to make rational judgments and emotional responses. A killing attributable to alcoholism is one thing but a killing attributable to the taking of alcohol is quite […]
Read more

Speech on the Problem of Over-loaded Curriculum for Students

This problem is particularly related to those secondary schools which prepare student for further university studies of academic nature. In U.S.A., the problem of over-loaded curriculum is not very acute, because the curriculum is very much diversified there. In other countries the curriculum is generally over-loaded because of the belief that the intellectual subjects should […]
Read more
Search for:

I'm Rebecca!

Would you like to get a custom essay? How about receiving a customized one?

Check it out