There Should Be A Void Or Voidable Marriage To Attract Legitimacy To The Illegitimate Child: Bombay Hc
By Team Legistify / 2017-06-14

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‘A one night consensual affair cannot be called a marriage. Merely having a physical relationship between man and a woman also cannot be called as a marriage. Any physical intimacy/sexual intercourse which took place by choice or by chance or by accident is not a marriage’, said the Court

The Bombay High Court recently ruled that the benefit of Section 16 of the Hindu Marriage Act is available to an illegitimate child, who is born to parents who have undergone the rituals/formalities of performance of marriage which may be void or voidable.

Justice Mridula Bhatkar passed the judgment on June 7 after reserving it on March 16.

Case Background

The case at hand deals with the claim for pensionary benefits of one Jaydeo Pawar, who died on July 7, 2003.

His first wife Draupada and second wife Indubai claimed right over Jaydeo’s pension along with their respective children.

While this suit was pending before the high court, Draupada Pawar died on February 2, 2006. Following this, her children contested the case against Indubai.

Draupada’s first appeal was allowed and it was held that she and her children have a right over Jaydeo’s property and Indubai is not entitled to receive family pension.

This order was challenged by Indubai before the apex court, which, in turn, observed that even though the marriage between Indubai and Jaydeo is void, the child born out of that marriage will be entitled to claim over his property.

Thus, the apex court directed Indubai to file a review petition before the high court in order to examine this issue.

Submissions

Indubai’s lawyer MB Deshmukh submitted that if Draupada’s marriage date is to be believed, then it would mean that she got married to Jaydeo at the age of 11, which would nullify her claim that she married Jaydeo first.

None

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