Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide

The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955, which grants legitimacy to children born out of void and voidable marriages. Both courts below discarded the claim that these two children were born out of a second marriage performed by the plaintiff-appellant during the subsisting first marriage; hence, the second marriage is void. However, before the High Court, the counsel for the appellant-plaintiff submitted that even if the second marriage was void, Section 16 of the 1955 Act protects the legitimacy of children born out of such void marriage for all purposes. Finding merits in the argument and noting that the matter requires consideration, the single judge framed the following question for consideration: "Whether the courts below were justified in denying the decree in view of the legitimacy attached to the children born out of void marriage, particularly in view of Section 16 of Hindu Marriage Act, 1955?"