Introduction 


According to Section 112 of the Indian Evidence Act 1872, "any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten".

Essential Conditions -


To establish legitimacy under Section 112, the following conditions must be satisfied...


1. The Child Must have born during the subsistence of a valid marriage

2. The Child must have born within 280 days of the dissolution of marriage 

3. When the Child is born within 280 days of the dissolution of the marriage, the mother of the child must have remained unmarried 

4. It should be shown that the husband and wife had no access to each other.

See also...



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