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Evidence Law Project

This document discusses a law project submitted by a student on the topic of medical evidence versus the presumption of paternity under Section 112 of the Indian Evidence Act of 1872. The project includes an introduction outlining Section 112, a section on the principles behind the law, and a section discussing how to determine the valid continuance of a marriage between a mother and any man. The student acknowledges those who helped with the project, including their parents and professor.

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Ajita Nadkarni
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209 views

Evidence Law Project

This document discusses a law project submitted by a student on the topic of medical evidence versus the presumption of paternity under Section 112 of the Indian Evidence Act of 1872. The project includes an introduction outlining Section 112, a section on the principles behind the law, and a section discussing how to determine the valid continuance of a marriage between a mother and any man. The student acknowledges those who helped with the project, including their parents and professor.

Uploaded by

Ajita Nadkarni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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NATIONAL LAW INSTITUTE

UNIVERSITY
BHOPAL,M.P.

A Project Of Law Of Evidence – II


On The Topic
Medical Evidence vs.Presumption Of Paternity

Submitted to, Submitted by,


Prof.Vijay Kumar Singh Ajita Nadkarni,
2012 BA LLB 101
Acknowledgement

With my highest gratitude I would take this opportunity to acknowledge the role played by
various people in the making of my project. Firstly I would like to thank my parents who
have always supported me. Secondly I would like to thank Vijay Sir who was instrumental in
guiding me in making this project.
Introduction
The study of the concept of paternity in the Law of Evidence is mainly based upon the study
and analysis of section 112 of the Indian Evidence Act ,1872.

Section 112 reads as follows:

“The fact that any person was born during the continuance of a valid marriage between
his mother and any man, or within two hundred and eighty days after its dissolution,the
mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that
man ,unless it can be shown that the parties to the marriage had no access to each other at
any time when he could have been begotten.”

Principle
Section 112 is based on the principle that when a particular relationship ,such as marriage is
shown to exist ,then its continuance must prima facie be presumed.1According to this
section ,the fact that any person was born-

1) During the continuance of a valid marriage between his mother and any other man,or
2) Within two hundred and eighty days after its dissolution ,the mother remaining
unmarried.

Shall be a conclusive proof that he is the legitimate son of that man unless the parties had no
acess to each other at any time when he could have been begotten.

An evidence that a child is born during the wedlock is sufficient to establish its legitimacy
and shifts the burden of proof to the party,seeking to establish the contrary.

The presumption under this section is a conclusive presumption of law which can be
displayed only by a proof of non-access between the parties to the marriage at a time when
according to the ordinary course of nature the husband could have been the father of the
child.Non-access can be proved by evidence ,direct or circumstantial ,though the proof of
non-access must be clear and satisfactory as the presumption of legitimacy is highly
favourable by law2.

Sections 41,112 and 113 are the only sections which deal with matters which are to be
regarded as a conclusive proof.No rule of the kind can be based on considerations of evidence
,because enquiry is altogether excluded.The basis of the rule in section 112 seems to be a
1
Bhima v Dhulappa.(1904) 7 Bom LR 95.
2
Chilukuri Venkateswarlu v Chilukuri Venkatnarayana,(1954) SCR 424 : AIR 1954 SC 176
notice that it is undesirable to enguire into the paternity of a child whose parents ‘have
access’ to each other.Section 112 refers to the point of time of the birth of the child as the
deciding factor and not to the time of conception of that child; the latter point of time has to
be considered only to see whether the husband has no access to the mother.3

Deciding The Valid Continuance Of Marriage Between his/Her Mother

And Any Man


The presumption as to paternity in section 112 only arises in connection with the offspring of
a married couple .This section applies to the legitimacy of the children of a married person
only4. On the birth of a child during marriage the presumption of legitimacy is conclusive,no
matter how soon the birth occurs after marriage 5. There is presumption of valid marriage
from the fact of living together as husband and wife for continuous and long period and sons
born to them from such a marriage are legal heirs over the husband`s property.6

Even children born with only a gestation period of 6 months have been known to survive and
live.Where a child was born 8 months after the date of marriage there could be no doubt that
she could very well be the child of the father.7

A person claiming as an illegitimate son must establish his alleged paternity in the same
manner as any other disputed question of relationship is established.8

3
Palani v. Sethu (1924) 47 Mad 706; Ppal Singh v.Jagir (1926) 7 Lah 368
4
XXX v. Ma Son (1896) 1 UBR (1892-1896) 74
5
Umra v. Muhammad Hayat, (1907) PR No:79 of 1907 (Civil)
6
Ranganath Parmeshwar P. Mali v.E.G. Kulkarni,AIR 1996 SC 1290
7
Ponnammal v.Andi Aiyyan(1953) TC 726
8
Gopalasami C

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