Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 116: Birth during marriage, conclusive proof of legitimacy
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 child 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.
Brefe Detail
This section establishes that a child born during a valid marriage or within 280 days after its dissolution is presumed to be the legitimate child of the husband. This presumption holds unless evidence shows that the couple did not have access to each other when conception could have occurred.
Question & Answers
What is the presumption regarding a child born during a marriage?
The presumption is that the child is the legitimate child of the husband if born during the marriage or within 280 days after its dissolution.
Can this presumption be challenged?
Yes, it can be challenged if it is shown that the parties had no access to each other during the time the child could have been conceived.
How long after a marriage's dissolution does this presumption apply?
The presumption applies for up to 280 days after the dissolution of the marriage.
Example
1. If a woman is married to Mr. A and gives birth to a child while still married, the child is considered legitimate.
2. If the marriage is dissolved and the woman gives birth within 280 days while remaining unmarried, the child is also considered legitimate.
3. If Mr. A and the woman were not in contact during the time of conception, this presumption of legitimacy can be disputed.
Summary
Section 116 of the Bhartiya Sakshya Adhiniyam provides a strong presumption of legitimacy for children born during a valid marriage or shortly after its dissolution. This section emphasizes the importance of marital relationships in determining the legitimacy of offspring, while also allowing for the possibility of challenging this presumption with appropriate evidence.
