According to learned counsel Section 16 of the Hindu Marriage Act confers legitimacy on the children born in the second wife and they are also ... Raman Nair. The relevant clauses of Section 16 are extracted below :
"Legitimacy of children of void and voidable marriages.-
(1) Notwithstanding that a marriage
that:
(i) Section 16 of the Hindu Marriage Act, 1955 recognizes the legitimacy of a
child born from a marriage which is null and void ... cannot be denied
to the children from a second marriage, once their legitimacy operates as
a matter of law; and
(iii)The decision in Namita
five decades as new challenges emerged and novel attempts
to suborn the legitimacy of recruitment processes have come to the fore. The Delhi
High Court ... domain of fraud as a result of which the credibility
and legitimacy of the process is denuded. This constitutes one end of the spectrum
where
assumption that being a legal point, the presumption with regard to the legitimacy of the child born during the continuance of a valid marriage available ... stage accepted the contention of the respondent, drew the presumption of legitimacy of the child under Section 112 of the Evidence Act and dismissed
Factual background
B Submissions
C A Proportionality Analysis
C.1 Legitimacy
C.2 Suitability
C.3 The necessity of the measure
C.4 Balancing fundamental ... issuing the impugned
notification is not in challenge. Additionally, the legitimacy of the aim – of ensuring
adequate domestic supplies of PPE products – is also
least two ways. It gives
constitutional and institutional legitimacy to the decisions by each
branch, that is, enactments passed by the legislature, orders and
policy ... this country. This representativeness and principle of
accountability is what gives legitimacy to the legislations and laws
made by Parliament or the state legislatures. Article
continuation of the petitioner and others who are questioning the very legitimacy of the Government would create unnecessary friction in the administration of the State ... will or animosity against any of the petitioners, but when the legitimacy of the Government was challenged by the petitioners who are entrusted with important
High Court has proceeded on the basis that the
recognition of legitimacy in Section 16 is restricted only
to the property of the deceased ... declared in sub-
section (1) of Section 16 in regard to the legitimacy of
the child. Our attention has also been drawn to a
judgment
malpractices and illegality in the recruitment process, it would undermine very legitimacy of the recruitment process.
49. A fair and reasonable process of selection ... serious nature found in the enquiries which had impacted the very legitimacy of the entire examination process, therefore, decision of the Government to cancel
Supreme Court, while
considering the issue of legitimacy of child born from a second
marriage, held as under:
12. The real issue in the present ... Hindu Marriage Act, 1955 which provide
thus:
"16. Legitimacy of children of void and voidable
marriages.-(1) Notwithstanding that marriage is null and
void
