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3 Jus Corpus L.J. 1 (2022-2023)

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                         Jus Corpus Law Journal
                         Open   Access Law  Journal - Copyright  ©  2022 - ISSN  2582-7820
                         Editor-in-Chief - Prof. (Dr.) Rhishikesh Dave; Publisher - Ayush Pandey

                         This is an Open Access article distributed under the terms of the Creative Commons Attribution-
                         Non-Commercial-Share  Alike 4.0 International (CC-BY-NC-SA 4.0) License, which permits
                         unrestricted non-commercial use, distribution, and reproduction in any medium, provided the
                         original work is properly cited.


          Rights of Children of Void and Voidable Marriages: A

        Comparison between Hindu and Muslim Personal Laws


                                           Vanshika  Singh Jaiswala


                              aNational Law  Institute University, Bhopal, India

                      Received 01 August 2022; Accepted 25 August 2022; Published 01 September 2022




What  are the provisions or rights for a child born in a marriage that is void or voidable? There are many myths pertaining to the

legitimag of children born in India from a void and a void marriage. If a child is born out of lawful wedlock, he or she is said to

be legitimate. There are three types of marriages prevalent in India, i.e., valid, voidable, and void marriages. The words void

and voidable raise a big question about the validity of a marriage. As the name implies, valid marriages are lawful. However,

the status of kids in a void declared marriage would be the big ambivalence that gets illustrated in such situations. In this research

work, the researcher has focused on drawing out the comparison between the rights of children born of void and voidable marriages

under Hindu and Muslimpersonallaws by studying it under two majorparts. The firstpart deals with the concept of void/ voidable

marriages, the notion of legitimization, and the rights of children born of such marriages under the Hindu personal laws, wohile

the second part deals with the same under the Muslim personal laws. The researcher then concludes the project by draving out the

comparison between the two and providing some suggestions for it.

Keywords:   void marriage, voidable marriage, legitimization, rights of child, personal laws




OBJECTIVES OF THE STUDY


The  study  has  been  undertaken with the following objectives:


1