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64 S. African L.J. 382 (1947)
Putative Marriages

handle is hein.journals/soaf64 and id is 404 raw text is: 382 THE SOUTH AFRICAN LAW JOURNAL. PUTATIVE MARRIAGES. An -interesting point arose for decision in the matter of the application of P. v. B.1 P. had gone through a form of marriage with B. while the latter was already married. B. and P. had thereafter lived together as man and wife and a child was born. Later B. was charged with and convicted of bigamy. P. thereupon made application (1) to have the marriage declared null and void on the ground that it was bigamous and (2) for an order declaring the child legitimate. The Court held ,that the applicant was clearly entitled to have the marriage declared null and void ab initio, but the second prayer appears to have-caused some difficulty. Aftei reviewing the authorities, the learned Judge came to the conclusion that a certain decision of the Court of Holland of the year 1637, reported in the seventy-eighth decision of Loenia (Decisions and Observations), appeared to be a trong authority which would justify the Supreme Court of t his -country in making an order in a suitable case for legitiuatiig, the offspring of the putative marriage . As to the nature o the order to be made by the Court, the learned Judge 'made th following remarks: But it is quite clear to me that that order must be made in a very qualified form. I cannot possibly make an order which will have the effect of declaring the minor child of the putative marriage to be a possible heir ab intestato of the father. Before I could make such an order I think that the daughter born of the first, genuine marriage should be represented in Court, and I think it would also be necessary to. have the question elaborately argued. *I therefore say that any order that I make in this matter must not be taken as having the effect of determining the right of the child of the second union to succeed ab intestato to his father. But I think I am entitled to make an order in the terms indicated by Voet in 25.7.14, that is to say, an order made with the view that any stain upon the nativity'of the applicant's child should be wiped out, and that the child should be declared entitled, in Voet's 1 1940 E.D.L. 24.

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