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Aakritu   12 March 2022

Legal maxim

Where is the maxim of "Ab extra" used?


 1 Replies

Aarushi   12 March 2022

The Latin maxim of Ab Extra literally means from beyond. It is referred in cases where we see evidences not from their actual source but from certain external sources. However, this maxim finds its use mainly in the Law of Divorce, dealing with impotency. A marriage where either husband, or wife, or both are impotent, can be deemed void. But in certain cases, even though either of the partner is impotent, a child might be conceived due to fecundation ab extra, i.e. s*xual intercourse without penetration, in such cases, this maxim finds it use.

Manjula S. Deshmukh v. Sjresh Deshmukh

In this case, the petitioner had conceived not due to direct penetration but because the semen of her husband come in contact with her v**gina due to other methods. There was a child born on this account. The Court applied the maxim of Ab Extra and held that the s*xual intercourse in this case was fecundation ab extra. Since the husband had troubles in copulating with his wife, he was deemed impotent and the marriage was declared void.

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