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

26 Legitimacy of children of void and voidable marriages (1) Notwithstanding that a marriage is null and void under section 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act. (2) Where a decree of nullity is granted in respect of a voidable marriage under section 25, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it has been dissolved instead of being annull...

Simplified Explanation of the Legitimacy of Children from Invalid Marriages (1) Even if a marriage is not legally valid, children from that marriage are considered legitimate (as if they were born to a legally married couple). ...

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 v...