illegitimate | Definition of illegitimate in English by Oxford Dictionaries
A relative can be connected to your family through blood or by marriage. If you are a child or grandchild of Maria's, for example, you are a blood relative of her. Illegitimacy as defined by the Oxford Dictionary means, “(Of a child) . illegitimate children are deemed to be related by illegitimate kinship to. Definition of illegitimate - not authorized by the law; not in accordance with accepted standards or rules, (of a child) born of parents not lawfully married t.
Not only the society discriminated them, even law has discriminated them. Law has not given the illegitimate children the same legal rights as the legitimate ones are given. Under almost all the personal laws the right to inheritance of the legitimate children and the illegitimate children are not the similar.
Illegitimacy carried a strong social stigma among all religions practised in the world. This means illegitimacy means when the parents of a child are not lawfully wedded, the child will be considered illegitimate. Premarital sexual relationship and extramarital sexual relationship are considered to be a sin in almost all the societies. So the resultant child of such offensive relationship is also kept in a state of sin. It is considered illegitimate. Many religions also view premarital or extramarital sexual relationship as an offensive relationship.
Almost all the personal laws in India are religion-based and so even under law, the children born out of such offensive relationship are not given equal status with the children born out of a lawful wedlock.
There was one exception: A child born within lawful wedlock is a legitimate child At the time of the birth of the child, if the father and mother of the child are legally married to each other, the child is a legitimate child. A child born outside the lawful wedlock is an illegitimate child. At the time of the birth of the child, if the father and mother of the child are not legally married to each other, the child is an illegitimate child.
Illegitimacy under Hindu Law Under the Hindu Law, if a marriage fulfils all the conditions laid down in Section 7 and Section 5 of the Hindu Marriage Act, it is considered to be a valid marriage. Children born of such a valid marriage are alone considered legitimate.
Illegitimacy under Hindu Law - Academike
If the conditions lay down under Section 5 of the Act, are not satisfied, the resultant marriage may be void or voidable marriage as per Sections 11 and 12 of the Act. Void marriage Section 11 of the Hindu Marriage Act, defines a void marriage. It says, if the marriage is in contravention of any of the conditions specified in clauses iiv and v of Section it shall be null and void.
The children born of such a marriage are considered to be illegitimate children. If the marriage is annulled under anyone of the grounds under Section 12, then the children born of such a marriage are considered to be illegitimate children. Apart from the above, if proper ceremonies are not performed at the time of marriage as per Section 7 of the Hindu Marriage Act, the resultant marriage is not a valid marriage. Children born of such marriage will also fall under the category of illegitimate children.
Hence, children who will fall under the category of the illegitimate children under Hindu Law may be summed up as follows: In essence, under Hindu law the rule of legitimacy is dependent upon the marriage.
The social status of children is determined by the act of their parents. If they have entered into a valid marriage, the children are legitimate; but if the parents committed a folly and entered recklessly into an invalid marriage or a child is conceived even without entering into a relationship of marriage the resultant innocent child are labelled as illegitimate.
The innocent child without having any hold or control over the act of its parents has to suffer the consequence of it. The father was bound to maintain his illegitimate son during the period of his minority, irrespective of the fact whether he had any property or not. Among the Shudras, illegitimate sons were entitled to maintenance if they could not inherit or get a share on partition.
If, however, the mother was not a Hindu, this right could not be enforced under the Hindu law. The illegitimate son could, in that case, proceed against the putative father under the Code of Criminal Procedure.
What Are The Rights of Illegitimate Children Under Hindu Law
Illegitimate daughters had formerly no remedy under Hindu law. An illegitimate child is not entitled to succeed to his father.
But under the Hindu Succession Act, illegitimate children are deemed to be related by illegitimate kinship to their mother and to one another, and their legitimate descendants are deemed to be related by legitimate kinship to them and one another, and can therefore inherit from each other under the said Act. An illegitimate child can inherit the property of his or her mother or of his or her illegitimate brother or sister.
A mother also can inherit the property of her illegitimate child. The father has no right to inherit the property of his illegitimate child. Joint Family Property and Partition: Unlike a legitimate son, an illegitimate son does not acquire any interest in the ancestral property in the hands of his father; nor does he form a coparcenary with him, so that during the life-time of his father, the right of the illegitimate son is only limited to maintenance.
But the father may, in his lifetime, give him a share of his property, which may be a share equal to that of the legitimate sons. A mother had a preferential right of guardianship.
The mother is considered the natural guardian of an illegitimate child. Rights of an Illegitimate Child in the present scenario The Hindu law relating to illegitimate children and the changes that are done in the following years are also discussed under the four heads: The legitimacy of a child in Hindu law depends on the validity of the marriage under Hindu Marriage Act.What Are The Prohibited Degrees Of Relationship?
Therefore, the illegitimacy criteria followed in above three religions will be the same as followed in Hindu law. A Privy Council judgment, however, held that only birth during wedlock was a necessary criterion of legitimacy under the Hindu law, which is a binding law.
If the marriage itself is void on account of contravention of the statutory prescriptions, any child born of such marriage would have the effect, per se, or on being so declared or annulled, as the case may be, of bastardising the children born of the parties to such marriage.
If the marriage is a bigamous marriage. Marriage is valid if all the conditions laid down in Section 5 and 7 are fulfilled and the children born of such marriage are considered as legitimate.
In following situations, marriage will be voidable  at the option of one party: In above situations, option rests with the party to get the decree of annulment from courts in void marriages, decree of annulment is granted. The children will be considered legitimate till court grants decree. However, if the parties under Section 12 are seeking a decree of divorce, then the question of illegitimacy does not appear as divorce can be granted only in cases of valid marriages.
Originally the Hindu Marriage Act provided that a child born out of a marriage declared void or annulled by the court will have the same status as that of marriage dissolved by decree of divorce. But the courts have interpreted Section 16 of the Hindu Marriage Act differently; the section was applicable only if a decree of nullity was passed by a court; in the absence of such a decree, the children remained illegitimate in the case of void marriages. Now, the children of all void and voidable marriages shall be deemed to legitimate.
However, the children born out of void or voidable marriages cannot inherit the property of their relatives.
Declaration of Validity of marriage on a petition of either party declare marriage as nullity under a decree which was pre-condition under Section 12 of Act, is done away with  Maintenance Before the personal laws of Hindus were codified, the old law of Mitakshara and Dayabhaga governed each and every aspect of Hindu personal issues.
The father was bound to maintain his illegitimate son during the period of his minority, irrespective of the fact whether he had any property or not. Illegitimate daughters were however not entitled to maintenance unless they proceeded a claim under Code of Criminal Procedure, during the lifetime of the father.