Section 16 - Legitimacy of children of void and voidable marriages :-
- Notwithstanding that marriage is null and
void under Section 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 (68 of 1976), and whether or
nor a decree of nullity is granted in respect of that marriage under this Act and whether
or nor the marriage is held to be void otherwise than on petition under this Act.
- Where a decree of nullity is granted in
respect of a voidable marriage under section 12, any child begotten or conceived before
the decree is made, who would have been the legitimate child of the parties to the
marriage if at the date of the decree it had been dissolved instead of being annulled,
shall be deemed to be their legitimate child notwithstanding the decree of nullity,
- Nothing contained in sub-section (1) or
sub-section (2) shall be construed as conferring upon any child of a marriage which is
null and void or which is annulled by a decree of nullity under section 12, 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.
Section 26 - Custody of child :-
In any proceeding under this Act, the court may, from time to time, pass such interim
orders and made such provisions in the decree as it may deem just and proper with respect
to the custody, maintenance and education of minor children, consistently with their
wishes, wherever possible, and may, after the decree, upon application by petition for the
purpose, make from time to time, all such orders and provisions with respect to the
custody, maintenance and education of such children as might have been made by such decree
or interim orders in case the proceeding for obtaining such decree were still pending, and
the court may also from time to time revoke, suspend or vary any such orders and
provisions previously made.
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