AI Overview...
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Marriage Declared Void - When a marriage is declared null and void by a court, it means the marriage is legally invalid from the outset. This declaration impacts the legal status of children born out of such a marriage, particularly concerning paternity and custody rights NITABEN W/o DHIRENDRA CHANDRAKANT SHUKLA VS DHIRENDRA CHANDRAKANT SHUKLA - Gujarat.
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Effect on Paternity and Custody - If a marriage is null and void, paternity may be challenged or deemed invalid unless paternity has been established through other legal means such as admission, baptism, or DNA testing. Custody of children generally remains with the parent who has been exercising custody, but the nullity of marriage can influence custody disputes, especially if paternity is contested Lilamani VS Bien Aime Pouchepalliamballe and others - Madras, Binod Kumar Singh VS Sushma Devi, W/o Binod Kumar Singh - Jharkhand.
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Paternity Evidence and Legal Presumptions - The courts recognize that a birth certificate alone does not conclusively prove paternity; DNA tests and other evidence are crucial. In cases where paternity is disputed, refusal to undergo DNA testing may lead to disqualification from denying paternity Padmavathi W/o Sri. S. Jagadish Kumar VS Jayamma W/o P. Siddappa - Karnataka, Binod Kumar Singh VS Sushma Devi, W/o Binod Kumar Singh - Jharkhand.
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Impact on Children and Custody - The primary consideration in custody cases is the child's best interest. Even if the marriage is declared void, custody may be awarded based on factors such as the child's welfare, the custodial parent's stability, and the child's wishes, rather than solely on the marriage's validity Lilamani VS Bien Aime Pouchepalliamballe and others - Madras, Reeta Bharat Arora (Smt. ) and others and Lajrani Yashodanandan Dhingra VS Bharat Yasodanandan Arora @ Dhingra and others - Bombay.
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Legal Proceedings and Declarations - Courts may declare marriages void after examining evidence, and such declarations influence related issues like paternity and custody. The legal framework emphasizes that children born during or after a void marriage are entitled to rights, and paternity can be established through various legal means Mahendra Manilal Nanavati VS Sushila Mahendra Nanavati - Supreme Court, Binod Kumar Singh VS Sushma Devi, W/o Binod Kumar Singh - Jharkhand.
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Broader Legal Context - Modern law is increasingly recognizing that rights related to reproductive health and personal status are not solely dependent on marriage. The law also considers individual rights, privacy, and the child's welfare in custody and paternity disputes, even when the marriage is void X VS State of Punjab - Punjab and Haryana.
Analysis and Conclusion:
When a marriage is declared void, it does not automatically nullify paternity or custody rights. Paternity can be established through admissions, baptism, or DNA testing, and custody is primarily determined by the child's best interests. Courts consider all evidence and the child's welfare, regardless of the marriage's legal status. The legal system aims to protect children's rights and ensure proper paternity determination, even in cases of marriage nullity.
Search Results for "Marriage Declared Void then what Effect Goes to Paternity about Custody of Children"
1983 0 Supreme(Guj) 139 • India - Gujarat
V.V.BEDARKAR
11, 23 and 23 - Civil Procedure code, 1908 – Sections 13, 3, 2, 1 and 19 - Indian Succession Act, 1925 – Section 15 - Special Marriage ... , I do not also propose to consider whether in view of fact that petitioner has established cruelty if decree for nullity of marriage ... judicial separation at least should be granted - That question also is besides point as I have now come to conclusion that marriage ... the petitioner on 22/06/1977 is null and void and is liable to be declared null and #H....
1999 0 Supreme(Mad) 823 • India - Madras
K.P.SIVASUBRAMANIAM
Their marriage was celebrated at Mairle Pondicherry as per the provisions of Civil Code and 10 children were born to them out of the wedlock. They are under the custody of the plaintiff and one of the daughters is not married. They are also under the custody of the plaintiff. ... The registration was carried out by the late Sarvothurayon himself and he himself had admitted the paternity of the child. He was also baptised. ... The plaintiffs husband died on 22. 1978 at Pondicherry and the plaintiff was e....
1999 0 Supreme(Mad) 826 • India - Madras
K.P.SIVASUBRAMANIAM
essence of the plaint allegation is that one Suresh is being falsely projected and arrayed as Dilcoumar and that he was illegally declared ... - ORDER 1 RULE 9 - NECESSARY PARTIES - SUIT FOR DECLARATION THAT BIRTH CERTIFICATE AND DECREE IN O.P.NO.49 OF 1978 ARE NULL AND VOID ... the Case: Plaintiff filed a suit for a declaration that the birth certificate No.222 of 1976, dated 22. 1976 is null and void ... Their marriage was celebrated at Mairle Pondicherry as per the provisions of Civil Code and 10 children#H....
2020 0 Supreme(Kar) 128 • India - Karnataka
B.V.NAGARATHNA, SURAJ GOVINDARAJ
Surana then submitted that the trial Court having accepted the legal position that a birth certificate would not prove the paternity of the person, the trial Court ought not to have relied upon the marks card to establish the paternity. ... Although the status was so declared on 9.09.2005, Hindu woman was given a right in the coparcenary property from the date of her birth, and as such, the same would have an effect on the passing of the HSA itself, i.e., on coming into force of the HSA on 17.06.1956. ... DW-3, i.e. 16th....
2001 0 Supreme(Bom) 519 • India - Bombay
UPASANI PRATIBHA, T.K.CHANDRASHEKHARA DAS
after 54 days of the said order, held the subsequent marriage was rightly held to be valid. ... after 54 days of the said order, held the subsequent marriage was rightly held to be valid. ... divorce passed against wife, the husband giving undertaking for not remarrying for 30 days from the date of decree and the husband marriage ... Reeta also was held to be entitled for permanent custody of daughter Shikha. It also dismissed, by the impugned common judgment and order, Indu's M.J. Petition No. B-64 of 1992, in which, In....
2022 0 Supreme(Jhk) 966 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
In the said case, the marriage itself was declared to be void after appreciating the evidences on record. ... This court is also of the considered view that in a summary proceeding under section 125 Cr.P.C. where a purported father denies paternity, but refuses to undergo DNA test, such father is disentitled to deny paternity. ... This Court is of the considered view that the claim of the petitioner that there was no marriage between the petitioner and Sushma Devi in the eyes of law is....
2015 0 Supreme(Mad) 3496 • India - Madras
S.MANIKUMAR
Domestic Violence Act ,2005 - Section 21 - Hindu Marriage Act, 1955 - Section 13(1)(ia) - Claim for interim custody ... light of above discussion and decisions Criminal Revision Petitions are dismissed – Consequently petitioners are directed to give custody ... both days inclusive) between to take her to fathers residence or to any other place of his choice - Husband/father shall return custody ... It was the contention of the mother that even the paternity of the child was disputed at one point of time and mar....
1964 0 Supreme(SC) 90 • India - Supreme Court
RAGHUBAR DAYAL, N.RAJAGOPALA AYYANGAR, J.R.MUDHOLKAR
... (5) Whether the Petitioner is entitled to have the marriage declared null and void? ... (6) To what relief the petitioner is entitled?" ... Whether the petitions is entitled to have the marriage declared null and void? ... 9. The petitioner examined himself and his father. The respondent examined herself and one other witness. ... It is to be noted that, according to the entries in the Maternity Admission Register Exhibit 17, most of the children....
2009 0 Supreme(Del) 704 • India - Delhi
S.MURALIDHAR
Ct. when dealing with the contention that a tax law must be declared wholly void if it was bad in part as transgressing Constitutional limitations. ... The Court described the protected interest as a right to privacy and placed emphasis on the marriage relation and the protected space of the marital bedroom. ... There was evidence indicating that during police custody he was subjected to torture by a wooden stick being inserted into his anus and some police personnel forcing him to have oral sex. ... Reinforcing the trad....
2024 0 Supreme(P&H) 847 • India - Punjab and Haryana
VINOD S. BHARDWAJ
Transcending the institution of marriage as a source of rights 38. ... While much of law's benefits were (and indeed are) rooted in the institution of marriage, the law in modern times is shedding the notion that marriage is a precondition to the rights of individuals (alone or in relation to one another). ... Reproductive rights include the right to access education and information about contraception and sexual health, the right to decide whether and what type of contraceptives to use, the right to choose whether and when to have #HL_ST....
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