In view of section 5 and 11 of the Act, it must be Held that the marriage
between both the parties after the commencement of the the Act . Therefore,
considering that the marriage between husband and second wife was a void
marriage, the question that would now arise is whether their daughters namely
respondents no 2 and 3 were entitled to inherit the properties in question, with
the first wife ,on the death of husband.
In this connection sec 16 of the HM Act ,1995 deals with the legitimacy of
children of void and voidable marriage. Subsection (1) of section 16 of the Act
clearly says that notwithstanding that the marriage is null and void u/s 11any
children of such marriage who have been legitimate if the marriage had been
valid , shall be legitimate.