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?in sethu v palani case it was held that in this case the child was held to be the legitimate child of second husband.but law is different.plz advice .
M.Sheik Mohammed Ali
(Expert) 10 August 2011
i think its not legal child as per rites, this born son legitimate to S
Guest
(Expert) 10 August 2011
Dear Anonymous,
Any case law does not have any relevance in all types of cases, unless the circumstances and precedents are similar in nature.
In the aforesaid case of Sethu v. Palani the judgment is correct, as that was pronounced based on the proof.
The said case clearly revealed that there was evidence in the case to show that Pechiammal did not live with her first husband for any length of time but carried on an intrigue with Thirumeni Thevan in consequence of which there were criminal proceedings and Subramania Thevan divorced her on account of her conduct. There is also evidence that Thirumeni Thevan treated the plaintiff as his son and that at the time the plaintiff could have been conceived, his mother was having criminal intimacy with Thirumeni Thevan.
So, the law about legitimacy is correct at its own place, while the evidence of the case did not go beyong the spirit of law.
Guest
(Expert) 10 August 2011
Dear Sheik,
Your presumption about legitimacy of the son would have been correct in normal cases of conception by wife from the first husband and also that a child cannot take birth within 3 months of the 2nd marriage of the mother in normal case.
But the case law of Sethu v. Palani is quite different, which you would have noticed from my previous reply to the question of the author. In that case the mother had her illicite relations with the 2nd husband prior to her marriage with him, as the case law itself reveals about that.
