The prohibitions based on caste, gotra, religion, and blood relationship are the exceptions to this rule. Such a prohibition is based on endogamy (the taboo against a man marrying a woman who is a member of his family) and exogamy (a man cannot marry a woman who belongs to another tribe). Exogamy and Endogamy are forbidden.
The idea of a null marriage has its roots in early English law, when marriage-related problems were handled by ecclesiastical courts. English law had a few restrictions that, if broken, called into question the legitimacy of the marriage.
These obstructions are divided into absolute and relative obstructions, which result in void and voidable marriages, respectively. The Hindu Marriage Act of 1955 distinguishes between marriages that can be dissolved and marriages that are void.
According to Section 16 of the Act, children of all null and voidable marriages are considered to be legitimate, but they only have the right to inherit their parents’ assets. A genuine child, or one born from a valid marriage, is one whose parents were legally married at the time of the child’s birth. But Section 16 of the HMA, 1955, has expanded the definition of a legitimate child.
Legal Provision:
The Act’s wording gave rise to the notion that only marriages that had been ruled void gave their offspring the status of legitimacy. The Marriage Laws (Amendment) Act of 1976 modified this. According to this modification, Section 16 of the Hindu Marriage Act, 1955, now states that children of void marriages (whether or not they have been declared void) and children of annulled voidable marriages are legal offspring.
The children of void and annulled voidable marriages are thus granted the status of legitimacy by Section 16 of the HMA, 1955. Children of invalid marriages were only considered legitimate prior to the 1976 amendment if a nullity decree was issued in respect of the marriage in question under Section 11 of the act.
Children of invalid marriages are considered to be genuine under Section 16 of the Hindu Marriage Act, but only under specified circumstances. The section also addresses voidable unions, although those unions are unimportant to our discussion.
According to the current version of the section, any child born or conceived before the decree is made, who would have been the parties to the marriage’s legitimate child if the marriage had been dissolved instead of having been declared null and void, shall be considered to be their legitimate child, notwithstanding the decree of nullity. This is true even if the marriage was declared null and void under Section 11.
The proviso to the section states that in any situation where, but for the passage of this Act, such a child would have been unable to possess or acquire any such rights due to his not being the legitimate child of his parents, this section does not confer any rights on or the property of any person other than the parents. (We are just referring to the portion of the provision that, as already established, deals with a void marriage.)
The first suggestion is to remove the requirement that a nullity decision must have been granted in order for the section to be applicable. The second, and more contentious, suggestion is that this section should only be applicable if both or either of the parties reasonably believed that the marriage was valid at the time of the act of intercourse leading to the birth (or at the time of the celebration of the marriage, where the marriage occurs after the act)Before the Hindu Marriage Act of 1955, the spouses in a marriage lacked any formal way of dissolving it. Under Sections 11 and 12 of the Hindu Marriage Act of 1955, the parties to a null and voidable marriage have options. When the Amendment Act of 1976 was passed, a child born from a null and voidable marriage would be considered legitimate. There are a few prerequisites for a legal marriage, and if any of them are disregarded, the marriage is void or voidable, according to Section 5 of the Hindu Marriage Act of 1955.
A court marriage in Faridabad can be done if the couple lives in Faridabad. Moreover, a Mumbai court marriage can be done if the couple lives in Mumbai. If the couple lives in Chandigarh, then a court marriage in Chandigarh can be done.
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