Presumption
Querist :
Anonymous
(Querist) 10 August 2011
This query is : Resolved
a hindu woman got married to s in december,2007.s died in january,2011.she then married k in february,2011. and gave birth to a son in may,2011.can it be lawfully claimed that the son is the legitimate son of k?discuss.
Ravikant Soni
(Expert) 10 August 2011
Presumption is depend upon common sense. Where this fact is estabilished that someone has no chance to get mating at the time of conceive of a child then no presumption is there.
Guest
(Expert) 10 August 2011
Dear Anonymous and Shri Ravikant,
My reply against the similar question of the author at the following link may clear the doubt of the author, as the case law referred to in that thread clearly exhibts that the mother had relations with the 2nd husband prior to her marriage with him:
http://www.lawyersclubindia.com/experts/Presumption-218876.asp
So, his question is based merely by reading between the lines, not on the reality of the case. He is advised to read the case law attentively.
However, in normal cases, his query could genuinely raise doubt on the judgment. So, the judgment was not against the spirit of law.
M/s. Y-not legal services
(Expert) 10 August 2011
Practically its not possible to happen like this, alp its against rituals and customs.. But its can't be treated as a legitimate son of k.
M/s. Y-not legal services
(Expert) 10 August 2011
Section 112 of indian evidence act is clearly saying about proof of legitimacy.. As per that act, if a child born with in 280 days from its father's demise mean that child is legitimate child of that demised father. So here that child's father is s only. Not k.
mahendrakumar
(Expert) 11 August 2011
have a dna test of k with the son and the result would give a fool proof evidence to the real father.
