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.
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| 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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