The Supreme Court on Friday has given a big decision for the distribution of property. The Supreme Court said that children born from invalid marriages will get a share in the property of their parents. Whether this property is self-acquired or ancestral, let us know about it in detail.
This decision was given by a 3-member bench headed by Chief Justice DY Chandrachud during the hearing of a case. This decision will be applicable only on the properties of Joint Hindu Family under Hindu Mitakshar Law.
What was this matter-
Actually, this matter is related to the petition filed against the decision given in a 2011 decision. In this decision of 2011 also, children born from invalid marriage will get a share in the property, whether it is self-acquired or ancestral. In this decision it was said that the birth of a child in such a relationship should be considered separately from the case. Children born in invalid marriages should get all the rights that children born in valid marriages get. The debate in this case had already been completed and the Supreme Court had reserved its decision.
What is marriage – In India, marriage is a religious process with which legal rights are also attached. Due to religious diversity in India, there are many laws for marriage. This includes Hindu Marriage Act, Christian Marriage Act, Muslim Personal Law, and Special Marriage Act etc. The purpose of all these laws is that marriage should be accepted in the society and everyone from wife to children should get their rights. In all these laws, there are rules as to which marriage is possible between two people and under what circumstances the marriage can be called off.
How many types of marriages are there according to the law? There are 3 types of marriages. The first is a valid marriage or valid marriage which is as per the rules. It gets legal status and all the rights are automatically given to the people getting married and their children. are achieved.
Second marriage is void marriage. In fact, under the rules, marriage is not possible in some cases. Like in Hindu Marriage Law, second marriage is not possible after one marriage. But if marriage takes place then this marriage is called invalid marriage.
According to Hindu law, in an invalid marriage, the man and woman do not get the status of husband and wife. This is the reason why no legal order is required to end such a marriage. Also the wife cannot make any claim.
The third marriage is a voidable marriage. Here, one of the two parties demands to invalidate the marriage. And declares the marriage invalid on the basis of legal order. This is different from divorce. Where two people demand to break the bonds of marriage.
However, in a voidable marriage, annulment of the marriage itself is sought and the parties are considered unmarried, however, after divorce, both the parties are considered divorced. In Friday’s decision, the decision has been given only regarding cases of invalid and voidable marriages.
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