Is there any presumption of law relating to legitimacy of the Child? Discuss in detail.

 Legitimacy of the Child

Ans: Section 112 of the Indian Evidence Act 1872 makes an inference regarding the birth of a child during marriage. The presumption under this section is conclusive proof of validity. Under section 112 of the Indian Evidence Act, a child born during the continuation of a lawful marriage between its mother and any male, or within two hundred and eighty days (280) after its dissolution, the mother living unmarried, Will have strong evidence that he is the authentic child of the man, except that it can be very well demonstrated that there was no entrance to each other in wedding ceremonies. It could have originated.
legitimacy of the Child
legitimacy of the Child

Presumption of legitimacy:-

Validity Estimate: -

The conclusive presumption of the law is to be found in the provision of section 112. It is related to an estimate of a child's validity. The effect of the provision is that a child born to a married parent is conclusively regarded as its child. The same notion arises where the marriage was dissolved and the child was born within 280 days of the dissolution, meanwhile the mother remained unmarried.
Necessary conditions for presumption are: -
1. The child must have been born during the continuation of a valid marriage, or if the marriage had been dissolved, within 280 days of her dissolution, the mother remained unmarried.
2. The parties of the marriage should have reached each other at any time when the child could beg.

Chilkuri Venkateshwarlu v. Venkatanarayana
AIR 1954 SC 176
Facts of the case:-- In this case, the wife gave proof of her husband going to her house. The Supreme Court, considering the plea of ​​the wife, declared the child as her legitimate child. This is that motherhood is a fact and paternity is a marvel (doubt). Paternity is very difficult to establish. However, the evidence of non-access overturns the presumption under section 112 of the Indian Evidence Act 1872.

During subsistence of valid marriage:-


Membership of a valid marriage is fully satisfied with the fact of marriage and the fact of living together. The presumption of legitimacy is the presumption of a child of law born during the continuation of a lawful marriage between his mother and man until the contrary is proved. The fact that a woman has lived with a man for 33 years and is identified as husband and wife by a relative, stays together for long-term voter lists, bank accounts, ration cards and other legal documents. Named her as the man's wife. He was also addressed by his surname. The adopted son's talk was accepted in the letter. In this case, the Supreme Court said that the marriage raised on such a fact was just and only legal.

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