Does a women need to prove legitimacy of child in womb for maintenance from the husband


is it necessary to prove legitimacy of a child to get maintenance

 
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Advocate

No. The child in womb of married woman is legitimate child of her husband under section 112 Indian Evidence Act.

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Lawyer

It is not required.

 
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Whether or not legitimate, it deserves maintenance.     Where, then, is the question of proving?

 
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There's a proviso in Section 112 of The Indian Evidence Act.   

Though the Questioner didn't, and needn't, touch on the proviso, the Experts that have given the replies were supposed to.

 
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CEO

The child in womb of married woman is legitimate child of her husband under section 112 Indian Evidence Act. The only exception under the law is non-access between the parties. This �non-access� refers to the non-existence of opportunities for s*xual intercourse. The legitimacy of such a child can be rebutted if non-access can be proved.
 
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engineer

Hello Vijay Rajan sir, what you said not completely true, for example in the case of ND Tiwari, after the child was born he was made to go through the DNA test and the bio logical father was proven. in ND Tiwari case the court didn't consider section 112 of Indian evidence Act Rohit Shekhar the so called bio logical son's Mother was legally married to B.P. Sharm , but still the court asked ND Tiwari to go through DNA testing so as per that judgement on ND Tiwari, your statement of "The child in womb of married woman is legitimate child of her husband under section 112 Indian Evidence Act" is wrong.
 
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Originally posted by : vinay_2431
Hello Vijay Rajan sir,
what you said not completely true, for example in the case of ND Tiwari, after the child was born he was made to go through the DNA test
and the bio logical father was proven. in ND Tiwari case the court didn't consider section 112 of Indian evidence Act
Rohit Shekhar the so called bio logical son's Mother was legally married to B.P. Sharm , but still the court asked ND Tiwari to go through DNA testing
so as per that judgement on ND Tiwari, your statement of
"The child in womb of married woman is legitimate child of her husband under section 112 Indian Evidence Act" is wrong.

Something to add on, in ND Tiwari Case mother herself claim that rohit is not son of her husband, further she claimed rohit is son of ND Tiwari, hence court ordered for DNA profiling.


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Excellent Reply by Shri Deepak Joshi.

 
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engineer

Hello Joshi sir/TGKREDDI sir,

      weather mother requested or father requested has nothing to do for DNA test , as per the evidence act 112 of India if a son is begotten during the valid marriage then the son is considered to be the legitimate son of that couple unless he or she needs to establish the proof that they both do not have access.

in ND Tiwari case, the bio logical son submitted the proof's as below

if you look at the judgement of ND Tiwari, rohit sharma proved that her mother Mrs. Ujjwala Sharma and her husband  Sh. B.P. Sharma  marriage is broken or their relation ship is not existing see the below statement from the judgement

page 25 of the judgement copy states as below

" Documents have been filed by the plaintiff, on the record to establish that both Sh. B.P. Sharma and Mrs. Ujjwala Sharma were estranged in 1970 and subsequently their marriage was dissolved. Both of them have filed affidavits in this regard"

 So ND Tiwari was made to undergo DNA test because of the above reason not because rohit sharma or his mother ujjwala sharma's request for DNA.

  so in the case of our current queriest his question is weather a mother needs to prove or not, not required to prove as per the evidence act , but if her husband can prove he had no access to his wife then she needs to prove the son's legitimacy by conducting or taking  a DNA test.

Rgds,

Vinay.

 
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