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JYOTSNA REWAL DUA
Navya – Appellant
Versus
State of H. P. – Respondent
JUDGMENT
Jyotsna Rewal Dua, J.—Three minor children aged 12, 9 and 5 years, respectively, have preferred this petition through their mother-natural guardian seeking direction to the respondents to enter their names in the Panchayat record i.e Birth Register and Pariwar Register. The prayer clause of the petition reads as follows:—
“It is therefore, respectfully prayed that this writ petition may very kindly be allowed, and an appropriate writ, order or direction, in the nature of mandamus directing the respondents to enter the name of the petitioners in the Panchayat record i.e birth register and Pariwar Register and all other documents which are maintained by the Panchayat, as far as the registration in the marriages register. Birth and Pariwar register etc., are maintained by the Gram Panchayat or any such or further order which this Hon’ble Court may deem fit may kindly be passed in the interest of justice.”
During hearing of the case, learned counsel for the petitioners submitted that he would confine his prayers only for seeking direction to the respondents to enter the names of the petitioners in the Birth Register and Pariwar Register of the concerned Panchayat. The matter h
Legitimacy of child – Relationship between parents may not be sanctioned by law but birth of a child in such relationship has to be viewed independently of relationship of parents – Child born in suc....
(1) A child born from a voidable marriage which has been annulled, such a child will have rights to or in property of parents and not in property of any other person.(2) When a Hindu dies after the c....
Children born from void marriages are deemed legitimate under Section 16 of the Hindu Marriage Act, allowing them to inherit from their parents' property, including ancestral property.
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
Compassionate appointment -Under no circumstances, the second wife nor her children are eligible for compassionate grounds appointment, if the marriage has taken place during the subsistence of the f....
Children from void marriages cannot inherit ancestral property; their rights are confined to their parent's property, consistent with Hindu Succession Act amendments.
Legitimacy conferred by law does not grant rights to property of others beyond the parents, reaffirming the need for inclusive consideration of all coparceners in partition cases.
The court ruled that absent a valid Hindu marriage, children cannot inherit under Hindu law, as established by Sections 16(3) of the Hindu Marriage Act and 3(1)(j) of the Hindu Succession Act.
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