S.16 of the Hindu Marriage Act confers legitimacy only on children born of marriages void under S.11 of the Act and does not confer legitimacy on children born of marriages otherwise invalid.

1. These appeals arise out of three connected suits O.S.Nos.38/1976, 99/1977 and 39/1976 tried together by the lower court.

2. All the three suits relate to the assets left behind by Parayankandiyil Kanhirakunnath Kurungodan Raman Nair. He died on 9-1-1975. O.S.38/1976 is by the children of Raman Nair in his first wife Ammu Amma. The defendants in that suit are the second wife and children of Raman Nair. The plaintiffs in O.S.38/1976 seek recovery of possession of five items of properties on the strength of the plaintiff's title. Recovery is sought from the second wife and children of Raman Nair.

3. O.S.99/1977 is by the second wife and children against the children of Raman Nair in his first wife for partition of the A, B and C schedule properties mentioned in the plaint. The A schedule properties are the assets left behind by Raman Nair in Kerala. The B schedule properties are his assets in Tamil Nadu and the C schedule properties are the movables in the B schedule items. O.S. 39/1976 is by the children of Raman Nair in his first wife for partition of one item of property that was held in tenancy in common by Raman Nair and his second wife. The plaintiffs in O.S.39/1976 claim partition of a half share as belonging to Raman Nair and seek separate allotment of the same.

4. In all these suits the contention of the children of Raman Nair in his first wife is that the second wife and children are not his legal heirs. According to them Raman Nair did not have a second wife. He was only keeping a concubine and the children born to such a woman are not the legal heirs of deceased Raman Nair. The second wife and children of Raman Nair contended that they are also the legal heirs of Raman Nair as, according to them, there was a valid marriage between Raman Nair and the defendant in O.S.39/1976 and the children born in that wedlock are also the legal heirs of Raman Nair. It was however admitted that the second marriage of Raman Nair was at a time when his first wife Ammu Amma was alive, and the first marriage was subsisting. The court below has therefore found that the second marriage is invalid and the children born of the second marriage are not the legal heirs of Raman Nair. The court below has also found that the properties mentioned in O.S.38/1976 and in schedules A and B of the plaint in O.S.99/1977 (except the two clinics in schedule B) belonged to Raman Nair. The C schedule movables, even though belonged to Raman Nair, are found not now available for partition. The court below has also found that the property in O.S.39/1976 belonged in tenancy in common to Raman Nair and his second wife who is the sole defendant in that suit, and the plaintiffs who are his children in his first wife, being his legal heirs, are entitled to partition and separate allotment of a half share in that property. On the finding that the second wife and children are not the legal heirs of Raman Nair, the suit O.S.38/1976 was decreed for recovery of possession of the properties mentioned therein from the defendants. O.S.99/1979 for partition by the second wife and children was dismissed.

5. Learned counsel for the appellants Sri. R. Bhaskaran has urged only one point before us and that is that the second wife and children are also the legal heirs of Raman Nair. According to learned counsel S.16 of the Hindu Marriage Act confers legitimacy on the children born in the second wife and they are also the legal heirs of deceased Raman Nair. The relevant clauses of S.16 are extracted below:

"Legitimacy of children of void and voidable marriages-

(1) Notwithstanding that a marriage is null and void under S.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 b