(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, 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.]
Legal Commentary & Landmark Judgments: Section 26
Section 26 of the Special Marriage Act, 1954 establishes the statutory legitimacy of children of void and voidable civil marriages.
Sub-section (3) regulates succession: while such children are legitimate heirs to the property of their parents, the section clarifies that it does not confer rights in or to the property of any person other than the parents.
Section 26 ensures that the invalidity of parents' marriage does not taint innocent children. Children born of void or annulled civil marriages enjoy full legitimacy, inherit their parents' self-acquired and ancestral estates, and possess enforceable maintenance entitlements under family law.