Case Note & Summary
The dispute arose from a civil appeal concerning the legitimacy of a child born to the second wife of a man who had multiple marriages. The infant plaintiff, represented by his maternal uncle, sought a half share in the joint family properties, claiming to be the legitimate son of the first defendant. The first defendant denied paternity, alleging misconduct by the plaintiff's mother and claiming non-access during the time of conception. The trial court ruled in favor of the plaintiff, but the High Court reversed this decision, concluding that non-access could be inferred from the circumstances. The Supreme Court examined the evidence and the application of Section 112 of the Indian Evidence Act, which establishes a conclusive presumption of legitimacy for children born during lawful wedlock. The court found that the High Court erred in its assessment of the evidence regarding access and non-access, emphasizing that the burden of proof lay with the defendant to demonstrate non-access, which he failed to do. The Supreme Court restored the trial court's decision, affirming the legitimacy of the plaintiff and ordering costs to be paid by the first defendant.
Headnote
A) Evidence Law - Presumption of Legitimacy - Conclusive Presumption - Indian Evidence Act, 1872, Section 112 - The presumption of legitimacy is conclusive and can only be displaced by proof of non-access between the parties at a time when the husband could have been the father. The court held that the defendant did not prove non-access, thus affirming the legitimacy of the child (Paras 1-2).
Issue of Consideration
Whether the presumption of legitimacy under Section 112 of the Indian Evidence Act was successfully displaced by evidence of non-access.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the trial court's decree, affirming the legitimacy of the plaintiff and ordering costs against the first defendant.
Law Points
- conclusive presumption of legitimacy
- non-access
- Indian Evidence Act
- burden of proof
- marital intercourse
