Overview

The Hindu Marriage Act of 1955 was created with the intention of protecting the rights to marriage for Hindu brides and grooms who are united by the sacred bond of matrimony in any ceremony. The type of ceremony is not specified by law because there are numerous ways for a man and a woman to perform this religious act. This legislation was proposed as a result of numerous instances where both men and women were terrified or humiliated as a result of fraud cases involving marriage. Any person who is a Hindu, Jain, Sikh, or Buddhist and who is not a Muslim, Christian, Parsi, or Jew or who is subject to another law is bound by this act. Any Hindu by religion or birth is required to abide by this law.

There are certain relations in the family or in the outer relative family which specifically cannot come into a marital reunion. The law put a ban on certain relationships and certain marriage types. Hinduism strictly forbids having a marital relationship with more than one person and has incorporated monogamy. According to Sections 5 and 17 of the Hindu Marriage Act of 1955, bigamy and polygamy are strictly punishable under Indian law if proven.

There is some marriage that is mentioned as void or voidable marriage under certain situations where A void marriage is one that is unlawful from the start. Void marriages can be ended without any formalities because they are illegal in and of themselves.

If both parties or either reasonably believed that the marriage was valid at the time of the wedding, the child of a void marriage is considered to be the legitimate child of their parents.

A voidable marriage, on the other hand, is one that has a flaw in its legality but still exists. Only after one party files a court application to have the marriage declared void will voidable marriages be deemed invalid. 

Children of voidable marriages who choose to have their marriages annulled are typically still regarded as the legitimate offspring of those unions.

If both partners' marriages are lawful, then both partners' children will always be considered legitimate, whether they are born before or after the Hindu Marriage officially happened.
     

a) Child will be legitimate even after the divorce decree or decree of nullity.
b) Child will be legitimate even if the marriage is considered void. 
Any child born or conceived before a decree of nullity is issued in relation to a marriage that is voidable under Section 12 and who would have been the parties' legitimate child if the marriage had been dissolved rather than annulled at the time of the decree's issuance is still considered to be their legitimate child.

Nothing in subsections (1) or (2) should be interpreted as granting any child of a null and void marriage or one that is declared null by a court order issued pursuant to section 12 any rights in or to the property of anyone other than the parents, in any circumstance where, but for the passage of this Act, such a child would have been unable to possess or acquire any such rights due to his non-status as his parents' legal child.

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