Vol. 3, Issue 2 (2017)
A Critical analysis of legal presumption of legitimacy of child under section 112 of Indian Evidence Act, 1872
Author(s): Mahendra Agatrao Lomte, Dr. SR Katari
Abstract: Section 112 of Indian Evidence Act, 1872 deals with the proof of legitimacy of children if they are born during wedlock or within certain period of the dissolution of marriage. In many ways it is a unique section. On the one hand it establishes the fact of marriage as conclusive proof of the legitimacy of the children and at the same mentions that ‘conclusive proof’ of legitimacy can be displaced by proving ‘no access’ between the parties at any time when child could have been begotten. This section itself provides an escape route to the party who wants to escape from the rigor of that conclusiveness. The said escape route is, if it can be shown that the parties had no access to each other at the time when the child could have been begotten the presumption could be dispelled. The fact that Section 112 had been drafted at a time when the discovery of modern scientific techniques like DNA had not been contemplated. This article focuses on the analysis of legal presumption of legitimacy of child under Section 112 of Indian Evidence Act, 1872 in the light of modern scientific techniques.