Supreme Court · 2025 INSC 115 · Decided 28 January 2025
Ivan Rathinam v. Milan Joseph
- Court
- Supreme Court of India
- Citation
- 2025 INSC 115 · [2025] 1 S.C.R. 1009
- Case number
- CRIMINAL APPEAL No. 413/2025
- Decided
- 28 January 2025
- Bench
- SURYA KANT, UJJAL BHUYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act Section 112; Constitution Article 21
Headnote
Whether the presumption of legitimacy, if not displaced, determines paternity in law; whether the Civil Court had the jurisdiction to entertain the Original Suit and whether the Family Court was entitled to reopen the Maintenance Petition; whether the second round of by the principle of res judicata. Evidence Act, 1872 - s.112 - Birth during marriage, conclusive proof of legitimacy - Respondent and his mother claimed the appellant to be the respondent's biological father despite the fact that the respondent was born
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