Supreme Court affirms limited inheritance rights for children of void marriages under Hindu Marriage Act

The Supreme Court upheld the lower courts' decisions on the division of ancestral properties and the validity of remarriage under the Hindu Marriage Act, 1955. It emphasized the limited inheritance rights of children born out of void marriages as per Section 16(3) of the Act. The court dismissed the appeal, affirming that such children are entitled only to their parents' properties as specified in the Act, rejecting any additional claims beyond the legislative provisions.

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Issues involved: Division of ancestral properties, validity of remarriage u/s Hindu Marriage Act, 1955, entitlement of children born out of void marriage u/s Section 16(3) of the Act.

Division of Ancestral Properties: The plaintiff claimed a share in the ancestral properties which were to be divided between Sahadeo Manjhi, his brother, and their mother, with each getting a specific share. The court determined the plaintiff's entitlement to a 1/9th share in the properties based on the family structure and legal provisions.

Validity of Remarriage u/s Hindu Marriage Act, 1955: The court examined the validity of the 1st defendant's remarriage with the 8th defendant after a criminal case under Section 498 IPC. It was held that the remarriage could only be valid after 1957, post the judgment of acquittal, as per the provisions of the Hindu Marriage Act, 1955.

Entitlement of Children Born out of Void Marriage u/s Section 16(3) of the Act: The court deliberated on the rights of children born out of void marriages, emphasizing the legislative intent behind Section 16 of the Hindu Marriage Act, 1955. It was concluded that while the Act legitimized such children, their inheritance rights were limited to the properties of their parents only, as specified in Section 16(3) of the Act.

The Supreme Court, in its judgment, upheld the lower courts' decisions regarding the division of ancestral properties and the validity of the remarriage u/s Hindu Marriage Act, 1955. The court emphasized the importance of legislative provisions, specifically Section 16(3) of the Act, in determining the rights of children born out of void marriages. The court dismissed the appeal, stating that no further rights beyond those specified in the Act could be granted to such children, thereby affirming the lower courts' rulings and rejecting the appellants' contentions.

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