In a landmark judgment, Justice Harisankar V. Menon of the Kerala High Court declared that children born from void marriages under the Hindu Marriage Act are entitled to inherit their parents’ property. This judgment was pronounced in the case of Smt. Anitha T v. Kerala State Civil Supplies Corporation Limited (WP(C) No. 38719 of 2016) on 5th September 2024, and it brings clarity to the legal status of children born from marriages that were deemed void due to the conversion of one spouse.
Case Background
The petitioner, Smt. Anitha T, was the legally wedded wife of the deceased C. Sreenivasan. The couple married in 1983 as per Hindu customs and had one daughter. However, marital discord arose, leading to maintenance claims by the petitioner, and eventually, C. Sreenivasan obtained an ex-parte divorce, which was later set aside by the court. During the pendency of the divorce, Sreenivasan converted to Islam in 1994, and subsequently married Leela K., the fourth respondent, with whom he had three children.
Upon Sreenivasan’s death in 2015, a legal heirship certificate was issued by the Tahsildar, naming Leela and her children as the only legal heirs, excluding the petitioner and her daughter. Anitha challenged this decision, arguing that her marriage remained valid since it was never legally dissolved, and that the children from the second marriage, though born of a void marriage, could still claim property rights under the Hindu Marriage Act.
Important Legal Issues
The case presented significant legal issues:
1. Validity of the Second Marriage: Whether Sreenivasan’s conversion to Islam and subsequent marriage to Leela, without dissolving his Hindu marriage to Anitha, was legally valid.
2. Inheritance Rights of Children: Whether the children born out of Sreenivasan’s second marriage, which was considered void under Hindu law, could inherit his property.
3. Applicability of Hindu and Muslim Personal Laws: Whether the legal heirship certificate based on Muslim personal laws was valid, given that Sreenivasan was still bound by the Hindu Marriage Act for his first marriage.
Court’s Observations and Legal Precedents
Justice Menon referred to several key judgments from the Supreme Court, including Sarla Mudgal v. Union of India and Lily Thomas v. Union of India, where it was held that conversion to Islam does not automatically dissolve a Hindu marriage. The court emphasized that remarriage after conversion, without first dissolving the original Hindu marriage, is void under Section 11 of the Hindu Marriage Act.
In the case at hand, Justice Menon observed that despite Sreenivasan’s conversion to Islam and subsequent marriage, his first marriage to Anitha remained legally valid. Therefore, the second marriage was deemed void under Hindu law. However, the court highlighted the provisions of Section 16 of the Hindu Marriage Act, which legitimizes children born out of void and voidable marriages and entitles them to inherit property from their parents.
Quoting the court’s ruling, Justice Menon stated:
“Even though the marriage of Sreenivasan with the 4th respondent cannot be held valid, the children born from that marriage are legitimate under Section 16 of the Hindu Marriage Act, and thus have the right to inherit their father’s property.”
Decision of the Court
The Kerala High Court set aside the legal heirship certificate issued to the second wife, Leela, and her children under Muslim personal law, noting that it did not consider the status of the first wife and daughter under Hindu law. The court ruled that the petitioner, her daughter, and the three children from the void second marriage were all entitled to an equal share of Sreenivasan’s terminal benefits and property.
In conclusion, the court directed:
1. The second respondent, the Tahsildar, to issue a new legal heirship certificate, including the petitioner, her daughter, and the three children of Sreenivasan and Leela.
2. The Kerala State Civil Supplies Corporation to distribute the deceased’s terminal and pension benefits equally among the five legal heirs.
Case Details
– Case Title: Smt. Anitha T v. Kerala State Civil Supplies Corporation Limited & Ors.
– Bench: Justice Harisankar V. Menon
– Petitioner: Smt. Anitha T
– Respondents: Kerala State Civil Supplies Corporation, Tahsildar of Malappuram, Leela K., and others
