Details of Section 14
Section 14 of the Hindu Marriage Act of 1955 addresses the consequences of an invalid or voidable marriage under the Act. The clause states that if a marriage is pronounced null and void by a court of law, any child born before the declaration of nullity is issued is still regarded legitimate.
To add further, Section 14 protects the legitimacy of children born from a void or voidable marriage. This means that even if a marriage is declared null or void by a court of law, any child born during the marriage’s continuation has the same legal rights as a child born to a valid marriage.
This is important provision as it assures that children are not punished for their parents’ actions, and that they are not denied their legal rights just because their parents’ marriage was illegal or voidable.
What is applicability of section 14 in Hindu marriage act
Here are some important elements to consider when determining if Section 14 applies to a marriage.
4 Important Elements of Section 14
1 What is a void or voidable marriage?
A void marriage is one that is illegal from the start, such as one involving two people who are within the prohibited degrees of relationship.A voidable marriage, on the other hand, is one that is lawful until it is declared invalid by a court of law. A marriage, for example, may be voidable if it was contracted into by coercion, fraud, or force. For example, A marriage between siblings or a person and their grandparent would be null and void from the start. Another example, if a person was forced to marry against their will, that marriage would be considered voidable.
2 Preservation of legitimacy
This means that even if a marriage is declared invalid or voidable by a court of law, any child born during the marriage’s duration will have the same legal rights as a child born to a valid marriage.The legality of children produced from a void or voidable marriage is protected under Section 14 of the Hindu Marriage Act. For Example, If a couple marriage is void from start and they have a child, the child is still deemed legal and has the same legal rights as any other child born from a lawful marriage.
3 Significance of Section 14. Why is it special?
Section 14 is crucial because it assures that children are not punished for their parents’ behaviour, and that they are not denied their legal rights just because their parents’ marriage was illegal or voidable. Legitimacy is a key legal term that influences a child’s entitlement to inheritance, maintenance, and other legal rights.
For example, if a couple has a voidable marriage and produces a child, the child is still legal and has the same legal rights as any other child born from a valid marriage. This means that the child would be able to inherit property from their parents, seek maintenance, and exercise other legal rights granted to children born from valid marriages.
4 Other provisions related to legitimacy
Apart from Section 14, there are other clauses, Section 16 and 15, in the Hindu Marriage Act that deal with legitimacy. Section 16 states that a kid born from a void marriage is illegitimate and has no legal rights, whereas Section 15 states that a child born from a marriage that is annulled by a court of law is similarly illegitimate.
Three Clauses in Section 14 with implication
There are 3 clauses in Section 14 which detail implication of this provision. We will now understand the meaning and implications of this provision in detail:
Clause (i) of Section 5
According to Clause (i) Section 5 of the Act, neither partner should have a spouse living at the time of the marriage. As a result, if a person marries while his or her previous marriage is still valid, the second marriage is voidable at the choice of the aggrieved party. In this instance, the offended party may petition the court for a nullity decree, which would declare the second marriage null and void.
Clause (iv) of Section 5
According to Clause (iv) of Section 5 of the Act, the parties should not be in the forbidden degrees of relationship. If a marriage is performed between persons with prohibited degrees of relationship, the marriage is voidable at the request of the offended party. The injured party may petition the court for a nullity decree, which would declare the marriage null and void.
Clause (v) of Section 5
According to Clause (v) of Section 5 of the Act, The parties must be of marrying age. If a marriage is performed between two people who are not of marriageable age, the marriage is voidable at the request of the offended party. The injured party may petition the court for a nullity decree, which would declare the marriage null and void.
It is important to remember that Section 14 only applies to marriages that are solemnized in violation of the conditions provided in Section 5 clauses (i), (iv), and (v). A marriage that is solemnized in violation of any other criterion stated in Section 5 is void ab initio, which means that it is handled as if it never happened.
Conclusion
In conclusion, Section 14 of the Hindu Marriage Act of 1955 protects the legality of children born from an invalid or voidable marriage. It ensures that children are not punished for their parents’ acts and have the same legal rights as children born from a valid marriage. Examples of void and voidable marriages demonstrate the application of Section 14, as well as the necessity of the provision in safeguarding the legal rights of children born from such marriages.
FAQ
1 How to declare the marriage null and void under Hindu Marriage Act?
Marriage can be declared null and void for various reasons such as Prohibited relationships, Bigamy , Mental incapacity,Fraud, coercion or consent obtained by force, Non-compliance with essential requirements.
