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Report No. 15

29. Legitimacy of children of certain void marriages and voidable marriages.-

(1) Where a marriage is null and void under section 27 by reason of contravention of the condition specified in clause (i) or clause (ii) of section 4, any child begotten or conceived before the marriage is declared to be null and void, who would have been the legitimate child of the parties to the marriage if the marriage had been valid, shall be deemed to be their legitimate child notwithstanding that the marriage is null and void.

[S. 21, Divorce Act.] [Cf. section 16, H.M.A.]

(2) Where a marriage is annulled by a decree of nullity under section 28, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if the marriage had been dissolved instead of having been annulled by a decree of nullity, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

[Cf. section 26, S.M.A.]

(3) Nothing contained in this section shall be construed as conferring upon any child of a marriage which is void or which is annulled by a decree of nullity any rights in or to the property of any person other than the parents in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

[Cf. section 16, proviso, H.M.A. and Cf. section 26, proviso, S.M.A.]



Report on the Law of Christian Marriage and Divorce Back




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