“ A special protection is given by the law to the status of legitimacy in India. The law is very strict regarding the type of the evidence which can be let into rebut the presumption of legitimacy of a child. Even proof that the mother committed adultery with any number of men will not of itself suffice for proving the illegitimacy of the child could have been begotten the law will not countenance any attempt on the part of the husband to prove that the child is not actually his. The presumption of law of legitimacy of a child will not be lightly repelled. It will not be allowed to be broken on shaken by a mere balance of probability. The evidence of non access for the purpose of repelling it must be strong, district, satisfactory and conclusive (See Morris V/s. Davies (1837) 5 CL & Fin 163). The standard of proof in this regard is similar to the standard of proof of quilt in a criminal case. These reargues are justified by considerations of public policy for there are a Varity of reasons why a child’s status is not to be trifled with. The stigma of the protective legislations as in England to protect illegitimate children. No. doubt, this may in some cases requires husband to maintain children of whom he is probably not their father. But, the legislature can alone can change the rigors of the law and not the court. The court can not base a conclusion on evidence different from that required by the law or decide on a balance of probability which will be the result of blood test evidence is accepted.” (Vasu V/s. Santha, 1975 ker L.T. 533)
