In Annapottu Amma v. Tamilmani & Ors,2025 (A.S.(MD).No.135 of 2014), the Madurai Bench of the Madras High Court has ruled that children born out of a void marriage are legitimate under Section 16(1) of the Hindu Marriage Act, 1955, and are entitled to a share in the property that falls to the share of their parents in the ancestral property.
However, applying the principles laid down by the Apex Court in Revanasiddappa vs. Mallikarjunand others (2023) 10 SCC 1, the Bench confirmed the property rights of the children born from the void marriage.
CHILDREN OF VOID MARRIAGE ENTITLED TO SHARE IN FATHER’S SHARE OF ANCESTRAL PROPERTY
In Annapottu Amma v. Tamilmani & Ors,2025 (A.S.(MD).No.135 of 2014), the Madurai Bench of the Madras High Court has ruled that children born out of a void marriage are legitimate under Section 16(1) of the Hindu Marriage Act, 1955, and are entitled to a share in the property that falls to the share of their parents in the ancestral property.
However, applying the principles laid down by the Apex Court in Revanasiddappa vs. Mallikarjunand others (2023) 10 SCC 1, the Bench confirmed the property rights of the children born from the void marriage.