Supreme Court · 2001 INSC 276 · Decided 11 May 2001
SMT. Kanti Devi and ANR. v. Poshi Ram
- Court
- Supreme Court of India
- Citation
- 2001 INSC 276 · [2001] 3 S.C.R. 729
- Case number
- CIVIL APPEAL No. 3860/2001
- Decided
- 11 May 2001
- Bench
- K.T. THOMAS, R.P. SETHI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 4, 112
Headnote
AND ANR. v. POSHI RAM MAY 11, 2001 [K.T. THOMAS AND R.P. SETHI, JJ.J Evidence Act, 1872--Sections 4 and 112-Child born after 15 years of marriage-Husband filed a suit for a declaration de1~ving his paternity due A B to nun-access to the wife-Trial Court dismissed sitit-Firsl Appellate Court C is to legitimize a child who should not suffer social disability on account of /aches or lapses of parenls-Rebutling the presumption is the only outlet to the party to escape conclusiveness of proof, which remains firm even if modern scientific tests prove the contra1y-Standard of D proof in such
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