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Neil Paul   27 February 2021

Evidence Act

Whether "conclusive proof" of paternity in terms of section 112 Indian Evidence Act is confined to children born out of valid marriage alone or not?


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 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 February 2021

1. Conclusive Proof is final & irrefutable, irrespective of legitimate or illegitimate children of the couple.

Keep Smiling .... Hemant Agarwal
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minakshi bindhani   29 October 2021

As per your concerns!

Section 112 lays down the rule for the proof of the paternity of an individual. This section lays down that if a child is born during the continuance of valid marriage between the mother and a man or within 280 days after the dissolution of the marriage, the mother remaining unmarried it shall be presumed that the child is a legitimate son of the man unless and until it is shown that the parties to the marriage had no access to each other any time when the child would have been begotten.

In Shyam Lal vs. Sanjeev Kumar, the Hon'ble Supreme court held that On the proof of the legitimacy of marriage, there is a strong presumption about the legitimacy of marriage born out of wedlock. The presumption can only be rebutted by strong, clear, satisfying and conclusive evidence. The presumption cannot be displaced by the mere balance of probabilities or any circumstance creating doubt.

Hope it is helpful!
Regards
Minakshi Bindhani

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