Section 16 of HMA : Section 16: Legitimacy Of Children Of Void And Voidable Marriages

Explanation using Example

Example of Section 16 Application:

Imagine a couple, Aisha and Rohan, got married in a ceremony with all traditional rites. Later, it was discovered that Rohan was already married to someone else, making his marriage with Aisha void. They had a daughter, Priya, before this fact came to light. According to Section 16 of The Hindu Marriage Act, 1955, despite the marriage being null and void, Priya is considered legitimate. This means that even though Aisha and Rohan's marriage is not legally recognized, Priya has the same rights as a child born from a valid marriage, especially concerning inheritance rights from Aisha and Rohan.