A marriage is a social and legal union of two people that creates rights and responsibilities for them, their families, and society at large. In addition to frequently entailing practical, financial, and emotional duties, it usually entails a commitment to partnership and mutual support.Numerous societies acknowledge it as an essential institution that establishes a foundation for the creation of families and the perpetuation of society via childrearing.Establishing a solid base for companionship, mutual support, and childrearing within a socially and legally sanctioned environment is the aim of marriage.

The children are usually the ones that suffer the most when a couple gets divorced.A child’s life can be profoundly affected by divorce, which may result in mental pain, uncertainty, and challenges adjusting. Along with having an effect on their connections with their parents, it can alter their feeling of security and stability and have an adverse effect on their social and academic performance. It is the duty of the parents to provide to their children with certain basic rights which they deserve after the divorce.It is not necessary to add more stress to an already stressful period of time by adding future uncertainty and concerns about property inheritance.

 CHILD’S RIGHT AFTER DIVORCE:-

Childs right to be in relationship with both parents:- Until it is shown to be detrimental or not in the child’s best interest, it is generally accepted that a child’s right to keep a relationship with both parents following a divorce is crucial for the child’s wellbeing. Depending on the details and the court’s rulings, this right may encompass frequent visitation, joint custody, or alternative types of contact.

The right to be a child:-  The right to be a child belongs to each and every child. Parents should do everything in their power to guarantee that their child has the fundamental right to a happy and healthy upbringing because childhood is so precious.

The right to be away from conflict between parents:- Your children shouldn’t be allowed to spend their time running back and forth between two homes where they can witness their parents’ animosity and disagreement. To protect your child from this, make every effort to work together. Taking care of the issues that are causing you strife is the greatest method to handle this and closing off your communication for a while so that kids can’t access or overhear heated conversations by accident. If necessary, seek assistance from a third party, but try to keep the disagreement out of your co-parenting partnership and out of your childs’ lives.

Right of child to not feel responsible for parents divorce:- sometimes children may believe that anything they did is the reason why their parents are divorcing. It’s critical for parents to be honest in their communication with their kids during this trying time, reassure them that the divorce is not their fault, and show them love and support. For children to process their feelings and realize they are not to blame for their parents’ marital problems, professional counseling might be helpful.

The right to not be a messenger:- A vital component of guaranteeing a child’s emotional wellbeing and shielding them from excessive stress or conflict is granting them the right to not act as a messenger between parents. In addition to adding to their adult obligations and putting them in danger of manipulation or conflict, children shouldn’t be required to relay information or messages between their parents. Keeping their child out of the middle is crucial when parents are communicating with one other directly.

OBLIGATION OF PARENTS TOWARDS THEIR KIDS AFTER DIVORCE:- PROPERTY RIGHTS OF A CHILD

A father is expected to support his biological child regardless of whether he is awarded custody of the child after a divorce. However, the Indian Succession Act of 1925 prohibits the minor from receiving any portion of the father’s self-acquired property, even if maintenance is provided. Whether or not to give his children a share of his personally acquired property is at the father’s discretion. The child is legally entitled to receive part of his grandfather’s ancestral property, even though he may not inherit all of his father’s self-acquired property.

Childs right on fathers property after divorce:-

Successors are entitled to inherit ancestral property from birth. In Smt. Dipo v. Wassan Singh, it was decided that inheritors of ancestral property had to share it. According to Hinduism, the next three generations can share equally in any property acquired by a great grandpa.The child becomes a coparcener, or owner of the property, by virtue of their birth. The divorce will not impact these rights. If the father remarries and has other children, the children from the first marriage and the other children will share his share. Should he adopt a child, that child will also become a member of the coparcenary.

Children’s rights to their father’s ancestral property are unaffected by a divorce. Unless a will expressly states otherwise, they are entitled to receive the ancestral estate. What a father has independently obtained is his property. He is free to choose how he wants to transfer or get rid of it.It is not a child’s entitlement to inherit his father’s self-acquired  possessions. Parents typically leave the things they have personally acquired to their children. Unless he makes a particular statement to the contrary, a parent who passes away without leaving a will leaves some of his self-acquired property to his child. A father’s property rights do not alter for his children following a divorce; but, in the event of his death without making a will, his surviving legal heirs will be entitled to the property, and a child is always the legal heir of their father.

According to the Hindu Mitakshara School, a son is born with an inherent title to the property of his father and grandfather.In terms of his father’s estate, the son is recognized as a Class I heir.In contrast to his birthright in his ancestral assets, a son does not have the same rights in his father’s self-acquired property.The legal heir and co-owner of his father’s estate is his son. A son inherits his fair portion of the family estate in the event that his parents separated because it is his birthright. The son may also inherit some of the assets his father had accumulated on his own after a divorce, provided the father did not exclude him or if he died without leaving a will.

Right of illegitimate child:- Illegitimate children are entitled to certain privileges under Section 16(3) of the Hindu Marriage Act, 1956. In other words, “such children are entitled to their parents’ property only, and not to that of any other relation.” An illegitimate child is not entitled to inherit anything; rather, they are only entitled to the property that their father personally acquired. However, as the 2011 Supreme Court ruling in Revanasiddappa & Anr v. Mallikarjun & Ors showed, children who are not married have the right to inherit their father’s self-acquired property as well as his ancestral property.

CONCLUSION:-

In summary, a child’s rights following a divorce are critical and must be respected in order to protect their growth and well-being. Access to both parents, monetary support, conflict protection, and the freedom from serving as a middleman between parents are just a few of these rights. The child’s best interests must come first for parents and the legal system in order to give them security, love, and stability both during and after the divorce process. Through acknowledging and defending these rights, society may encourage the happy and healthy development of children impacted by divorce.

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