Indian Evidence Act 1872 Section 112
Querist :
Anonymous
(Querist) 26 June 2011
This query is : Resolved
Indian Evidence Act 1872 Section 112. Birth during marriage, conclusive proof of legitimacy - "The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten."
Can any body explain this Section ?
Guest
(Expert) 26 June 2011
this the presumption also that when husband and wife are staying with each other and after that with a period of 9 months after their separation a child is born he will be considered to be the legitimate child of the both spouses and the liability for maintenance is of them and if they are separated then the father have to pay the maintenance for the child even the mother marries to some one else except the conditions are laid down in the divorce petition for the custody of the child and for maintenance.
if by proof like DNA test if it is proved that the child was not of the husband than he will not be considered the legitimate child and it is presumed that the lady was having illegal relations with the other person and the child is of that and it can become a good ground for the divorce also, this is my opinion
prabhakar singh
(Expert) 26 June 2011
Can any body explain this Section ?
none but u alone Anonymous
prabhakar singh
(Expert) 26 June 2011
this is my opinion other experts what say i also want to know.
in ans. to Advocate Sachdev Bishnoi i simply
submit that all presumptions are rebut-able
Guest
(Expert) 26 June 2011
mr parbhakar you always makes such comments i does not under stand please first clear and than publish please these are my views what your views about this you have told nothing.
if it is rebut table then rebut that who will do this
prabhakar singh
(Expert) 26 June 2011
dear Expert : Advocate Sachdev Bishnoi making such comments is on understanding we as lawyer understand the basics then why 2 make things lengthy .
'if by proof like DNA test if it is proved that the child was not of the husband than he will not be considered the legitimate child and it is presumed that the lady was having illegal relations with the other person and the child is of that and it can become a good ground for the divorce also, this is my opinion'
is correct view.
H. S. Thukral
(Expert) 26 June 2011
The result of a genuine DNA test is said to be scientifically accurate. But even that is not enough to escape from the conclusiveness of Section 112 of the Act, e.g. if a husband and wife were living together during the time of conception but the DNA test revealed that the child was not born to the husband, the conclusiveness in law would remain unrebuttable. Even in such a case the law leans in favour of the innocent child from being bastarised if his mother and her spouse were living together during the time of conception.
The presumption, which Section 112 of the Indian Evidence Act contemplates, is a conclusive presumption of law which can be displaced only by proof of the particular fact namely, non-access (marital intercourse) between the parties to the marriage at a time when according to the ordinary course of nature the husband could have been the father of the child.
Guest
(Expert) 26 June 2011
Mr. Parbhakar here we are not giving the views to the experts and we are giving the views to the aggrieved persons and thats why we explain the answers clearly so it clears the doubt
