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PETITIONER: SMT. GURNAM KAUR & ANR.

       Vs.

RESPONDENT: PURAN SINGH & ORS.

DATE OF JUDGMENT:       08/02/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCC  (2) 567        JT 1996 (5)   664  1996 SCALE  (2)382

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      In this  appeal,  the  only  question  is  whether  the appellant is  a legitimate  child of  her father, Ram Singh. Though all  the courts  concurrently have  found that she is the daughter  of Ram  Singh and  her mother Gurnam Kaur, the finding recorded is that she is illegitimate child since the marriage of  Gurnam Kaur  with her  previous husband was not legally dissolved.  Section 16  of the  Hindu Marriage  Act, 1955, as amended by Amendment Act 68 of 1976 reads as under:      "Notwithstanding that a 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  not  a  decree  of      nullity is  granted in  respect  of      that marriage  under this  Act  and      whether or not the marriage is held      to be  valid otherwise  than  on  a      petition under the Act."      Preceding the  amendment, declaration  of nullity  by a decree of  a Court  is a pre-condition. Amendment 68 of 1976 has done  away with it and declared that notwithstanding the 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 Amendment 68 of 1976 and  whether or  not a  decree of nullity is granted in respect of  that marriage  under the  Act and whether or not the marriage is held to be void otherwise then on a petition under the  Act. Thus  it would  be clear that declaration of

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validity of  a marriage on a petition of either party or, in other words,  declaration of the marriage as nullity under a decree which  were preconditions under Section 12 of the Act is done  away with.  Consequentially, as if the marriage had been valid, the child shall be legitimate whether such child was born before or after the commencement of Act 68 of 1976. By operation  of Section  8 of the Hindu Succession Act 1956 read with  Schedule I,  appellant being  the daughter of Ram Singh, is entitled to the property of her father. The decree is  accordingly   granted.  Application   for  appointing  a guardian of the minor is allowed.      The appeal is accordingly allowed.