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THE
HINDU MARRIAGE ACT, 1955...Continued
(Act
No. 25 of 1955)
16.
Legitimacy of children of void and voidable marriages –
(1) Notwithstanding that a marriage is null and void under
section 11, 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, 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 12, 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 date of the decree
it had been dissolved instead of being annulled, shall be
deemed to be their legitimate child notwithstanding the
decree of nullity.
(3)
Nothing contained in sub-section (1) or sub-section (2)
shall be construed as conferring upon any child of a marriage
which is null and void or which is annulled by a decree
of nullity under section 12, any rights in or to the property
of any person, other than the parents, if any case where,
but for the passing of this Act, such child would have been
incapable of possessing or acquiring any such rights by
reason of this not being the legitimate child of his parents.
17.
Punishment of bigamy - Any marriage between two Hindus solemnized
after the commencement of this Act is void if at the date
of such marriage either party had a husband or wife living;
and the provisions of sections 494 and 495 of the Indian
Penal Code (45 of 1860) shall apply accordingly.
18.
Punishment for contravention of certain other conditions
for a Hindu marriage – Every person who procures a
marriage of himself or herself to be solemnized under this
Act in contravention of the conditions specified in clauses
(iii), (iv) and (v) of section 5 shall be punishable –
(a)
In the case of a contravention of the condition specified
in clause (iii) of section 5, with simple imprisonment which
may extend to fifteen days, or with fine which may extend
to one thousand rupees, or with both;
(b)
In the case of a contravention of the condition specified
in clause (iv) or clause (v) of section 5, with simple imprisonment
which may extend to one month, or with fine which may extend
to one thousand rupees, or with both.
THE
HINDU MARRIAGE ACT, 1955...Continued
(Act
No. 25 of 1955)
[18th
May, 1955]
Jurisdiction
and Procedure
19.
Court to which petition shall be presented – Every
petition under this Act shall be presented to the district
court within the local limits of whose ordinary original
civil jurisdiction –
(i)
the marriage was solemnized, or
(ii)
the respondent, at the time of the presentation of the petition,
resides or
(iii)
the parties to the marriage last resided together, or
(iv)
the petitioner is residing at the time of the presentation
of the petition, in a case where the respondent is, at that
time, residing outside the territories to which this Act
extends, or has not been heard of as being alive for a period
of seven years or more by those persons who would naturally
have heard of him if he were alive.
20.
Contents and verification of petitions – (1) Every
petition presented under this Act shall state as distinctly
as the nature of the case permits the facts on which the
claim to relief is founded and, except in a petition under
section 11, shall also state that there is no collusion
between the petitioner and the other party to the marriage.
(2)
The statements contained in every petition under this Act
shall be verified by the petitioner or some other competent
person in the manner required by law for the verification
of plaints, and may, at the hearing, be referred to as evidence.
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