THE SPECIAL MARRIAGE ACT, 1954; ACT NO 43 OF 1954. An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Come into force from 9th October, 1954.
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April
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- 21.Succession to property of parties married under...
- 21A. Special provision in certain cases.
- CHAP RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL S...
- 22. Restitution of conjugal rights.
- 23. Judicial separation.
- CHAP NULLITY OF MARRIAGE AND DIVORCE CHAPTER VI NU...
- 24. Void marriages.
- 25. Voidable marriages.
- 26. Legitimacy of children of void and viodable ma...
- 27. Divorce.
- 27A.Alternative relief in divorce proceedings.
- 28. Divorce by mutual consent.
- 29. Restriction on petitions for divorce during fi...
- 30. Remarriage of divorced persons.
- CHAP JURISDICTION AND PROCEDURE CHAPTER VII JURISD...
- 31. Court to which petition should be made.
- 32. Contents and verification of petitions.
- 33. Proceedings to be in camera and may not be pri...
- 34.Duty of court in passing decrees.
- 35. Relief for respondent in divorce and other pro...
- 36. Alimony pendente lite.
- 37. Permanent alimony and maintenance.
- 38.Custody of children.
- 39. Appeals from decrees and orders.
- 39A. Enforcement of decrees and orders.
- 40. Application of Act 5 of 1908.
- 40A. Power to transfer petitions in certain cases.
- 40B. Special provision relating to trial and dispo...
- 40C. Documentary evidence
- 41. Power of High Court to make rules regulating p...
- CHAP MISCELLANEOUS CHAPTER VIII MISCELLANEOUS
- 42. Savings
- 43. Penalty on married person marrying again under...
- 44. Punishment of bigamy
- 45. Penalty for signing false declaration or certi...
- 46. Penalty for wrongful action of Marriage Officer.-
- 47. Marriage Certificate Book to be open to inspec...
- 48. Transmission of copies of entries in marriage ...
- 49. Correction of errors.-
- 50. Power to make rules.
- 51. Repeal and savings.
- THE SPECIAL MARRIAGE ACT, 1954 – sections & subjects.
- THE SPECIAL MARRIAGE ACT, 1954 ACT NO. 43 OF 1954 ...
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April
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Friday, April 30, 2010
26. Legitimacy of children of void and viodable marriages.
(1) Notwithstanding that a marriage is null and void under section 24, 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 void otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage under section 25, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 25, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents
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