BENGALURU: By virtue of Section 16(1) of the Hindu Marriage Act, an illegitimate child has to be treated as legitimate and the child would get the share in the estate of the father, said the Karnataka High Court. Justice HP Sandesh made the observation while granting a 40 per cent share in the total compensation of Rs 13.28 lakh payable in a motor vehicle accident case to a 10-year-old boy, who was born out of an illicit relationship of his father, who died in the accident.
The court said the money payable to the boy should be kept in a fixed deposit till he attains majority and the mother can withdraw the interest once a quarter to meet educational and other expenses of the boy. The court declined to pass the order to grant compensation to the boy’s mother, stating that her claim cannot be considered as her ‘live-in’ relationship was during the subsistence of her marriage with her first husband.
It observed that even the marriage of the boy’s father with another woman was subsisting when he had the ‘illicit relationship’ with her, as a result the child was born to them. The court dismissed the appeal filed by the boy’s mother and allowed the petition filed by her on behalf of the boy for compensation.