Section 26 of SMA : Section 26: Legitimacy Of Children Of Void And Voidable Marriages

Explanation using Example

Example Application of Section 26 of The Special Marriage Act, 1954:

Imagine a couple, Ravi and Priya, who got married under the Special Marriage Act. After some time, Ravi discovers that Priya was already married to someone else at the time of their marriage, making their marriage null and void under section 24 of the Act. They have a daughter named Aisha. Despite the marriage being void, Section 26(1) ensures that Aisha is considered legitimate, preserving her legal rights as their child regardless of the marriage's validity.

In a different scenario, if Ravi and Priya's marriage were voidable because Ravi was coerced into the marriage, and they had a son named Arjun before Priya obtained a decree of nullity, Section 26(2) would protect Arjun's legitimacy. Thus, even after the marriage is annulled, Arjun would still be regarded as their legitimate child.

However, according to Section 26(3), if Ravi's wealthy aunt, who has no children of her own, passes away without a will, Aisha and Arjun would not have any rights to her property because of this section. Their legitimacy does not extend to claiming rights in the property of individuals other than their parents.