Child Deemed Legitimate: Presumption Of Legitimacy Under Section 112
The Supreme Court of India has reaffirmed that a child deemed legitimate will determine paternity. The Court ruled that the law presumes a child is the legitimate offspring of a married couple if they had access to each other at the time of conception. The judgment came in an appeal concerning the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872.
Legitimacy and Paternity Are Interlinked
The Court emphasized that legitimacy and paternity are inherently connected. Once a child is born out of wedlock during a valid marriage, legitimacy presumes paternity unless conclusively rebutted by proving “non-access” between the spouses. Allegations of adultery or simultaneous access with a third party are insufficient to rebut this presumption.
The Court linked a child’s legitimacy to the father’s identity. The law assumes the husband is the father if a child is born during a valid marriage. One must clearly prove that the spouses had no physical relationship at the time of conception to challenge this. Claims of adultery or involvement with someone else do not change this assumption.
Non-Access Is the Only Rebuttal to Legitimacy
In the case, the respondent claimed another man as his biological father despite being born during his mother’s valid marriage. The Court reiterated that only proof of non-access can disprove legitimacy and dismissed the claim that additional access could challenge it.
The Court ruled in favor of the appellant, rejecting the notion that legitimacy and paternity are distinct concepts.
