Tuesday, January 15, 2019

Children Born Out Of Second (Void) Marriage Are Legitimate And Entitled To Compassionate Appointment:SC


The Supreme Court has said that the child born from the second marriage is a legitimate child and can not be refused a job on the basis of compassion. A bench of Justice DY Chandrachud and Justice MR Shah dismissed appeals (Union of India vs. V.R. Tripathi) filed by Union of India against Bombay High Court judgment. 

Supreme Court has said that if the law considers the child to be valid, then it can not be allowed that such a child be deprived of employment on the basis of compassionate appointment. The second wedding in the Hindu Marriage Act is illegal due to the first marriage.

The Central Government had challenged the Bombay High Court verdict in the Supreme Court. The child born from the second marriage asked for a job based on compassion after his father death. Railway rejected the application but the Central Administrative Tribunal ordered in favor. The matter reached Bombay High Court. 

The High Court, in reference to Section 16 of the Hindu Marriage Act, said that the second marriage, while the first marriage, is invalid, the child born to him is legitimate. The High Court said that considering the application of railways compassionate jobs. The Central Government again challenged this matter in the Supreme Court and said that the High Court's decision should be canceled.


Children born from a void marriage are legitimate


The Supreme Court upheld the Bombay High Court verdict in its decision. The Supreme Court said Section 16 (1) of the Hindu Marriage Act is meant to protect such children. Under Section 11, second marriage is considered illegal. But the child born from such a marriage is legitimate.No condition can violate the Right To Equality of the Constitution. If the law considers the child to be legitimate then such children can not be denied jobs by the terms of compassion. The Calcutta High Court has dismissed the 1992 railway circular as well.


The Supreme Court also said in its judgment that children do not choose their parents, child born from an invalid marriage is legitimate.

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