Is an illegitimate son A?
A child born within lawful wedlock is a legitimate child. At the time of the birth of the child, if the father and mother of the child are legally married to each other, the child is a legitimate child. A child born outside the lawful wedlock is an illegitimate child.
What is difference between void and voidable marriage?
Children of void marriages are deemed to be the legitimate children of their parents if, at the date of marriage, both or either party reasonably believed that the marriage was valid. On the other hand, a voidable marriage is one that is flawed in its validity but continues to exist.
What do you mean by voidable marriage?
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
What is Section 13 A?
Alternate relief and Divorce by mutual consent of husband and wife. Alternate Relief in Divorce Proceedings is under Section 13A of the Hindu Marriage Act 1955. Provisions related to Alternate Relief in Divorce Proceedings under this Act are. Section 13-A of The Hindu Marriage Act, 1955.
Does illegitimate child have right in father’s property?
Illegitimate children The inheritance rights of illegitimate children are governed by Section 16 (3) of the Hindu Marriage Act, 1955, which states that ‘such children are only entitled to the property of their parents and not of any other relation’.
What is the rights of illegitimate child?
The general rule is that an illegitimate child is entitled to one-half (1/2) of the share of a legitimate child [Articles 895 and 983, Civil Code]. Thus, the law does not treat legitimate and illegitimate children similarly insofar as inheritance is concerned.
Which are the three grounds of void marriage?
Incapable of giving valid consent due to the unsoundness of mind. Suffering from mental disorder to an extent as to be unfit for marriage and procreation of children. Subjected to repeated attacks of insanity.
When can a marriage be voidable?
Although a marriage is not always avoidable, the law provides grounds to have it declared invalid in cases of vitiated or diminished consent in contracting the marriage. Examples are coerced marriages or those involving fraud without which the other party would not have married the other.
What is Section 13 HMA?
Section 13 in The Hindu Marriage Act, 1955. 13 Divorce. — (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
What is IA in divorce case?
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty . Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health.
How do you calculate share of illegitimate child?
An illegitimate child shall inherit one-half (1/2) of the share of a legitimate child. The general rule is that an illegitimate child is entitled to one-half (1/2) of the share of a legitimate child [Articles 895 and 983, Civil Code].
Can daughter claim father’s property after marriage?
Can daughter claim father’s property after marriage? Yes, as per law, a married daughter has every right to claim a share in her father’s property. She has as much right as her brother or unmarried sister.