Burden of proving non-access is on the person who disputes the paternity
Under Section 112 of the Evidence Act, burden of proving non-access is on the person who disputes the paternity. Though it is a negative aspect it is well settled that the person who is bound to prove non-access should prove the same by positive evidence. His own interested denial cannot be accepted as sufficient to discharge the burden of establishing access. The Appellant has not discharged satisfactorily the burden of proving that he had no access to the first Respondent. This is normally sufficient to draw the presumption of legitimacy available under Section 112 of the Evidence Act in this case and to hold that the second Respondent is the son of the Appellant.IN THE HIGH COURT OF KERALA
Decided On: 25.09.1991
Appellants: Hamza
Vs.
Respondent: Sara and Anr.
Vs.
Respondent: Sara and Anr.
Hon'ble Judges/Coram:
T.V. Ramakrishnan, J.
https://www.lawweb.in/2013/10/burden-of-proving-non-access-is-on.html
