[Hindu Marriage Act] Children Born Out Of Void Marriage Also Have Right To Property Of Parents: Kerala High Court

Kerala High Court: Children from Void Marriages Have Rights to Parents’ Property The Kerala High Court has ruled that children born out of void marriages are entitled to their parents’ property. This decision came in a case where three children from a man’s second marriage, which was void due to the subsistence of his first marriage, were granted terminal and pension benefits. The court relied on the Supreme Court’s decision in Revanasiddappa v. Mallikarjun and the amended Section 16 of the Hindu Marriage Act, which legitimizes children from void and voidable marriages. The case involved a man who converted to Islam to marry a second time without dissolving his first marriage. The court emphasized that the children from the second marriage are legitimate and have rights to their father’s property, highlighting the legal protections for children born out of such unions.