Section 112 IEA raises a presumption regarding legitimacy of a child born during the continuance of a valid marriage, or within 280 days of its dissolution (mother remaining unmarried). The presumption is
AA 'shall presume' presumption
BA 'conclusive proof' presumption — rebuttable only by proof of non-access between the spouses at the time of conception
CA presumption that varies by religion
DA 'may presume' presumption
Answer & Solution
Correct answer: B. A 'conclusive proof' presumption — rebuttable only by proof of non-access between the spouses at the time of conception
Section 112 is one of the rare conclusive-proof provisions. The only escape route is proof of NON-ACCESS between the parties to the marriage at the relevant time. DNA evidence has prompted judicial reconsideration; Sharda v Dharmpal (2003) and Goutam Kundu v West Bengal (1993) discuss the interface.
Related questions
'Conclusive proof' as defined in Section 4 IEA meansCross-examination of one's own witness is permitted underSection 132 IEA provides that a witness shall not be excused from answering any question rEstoppel under Section 115 IEA prevents a person from denying the truth of a representatio'Hostile witness' under Section 154 IEA refers to a witnessSection 114 IEA permits the court to PRESUME the existence of any fact which it thinks likUnder Section 27 IEA, the information leading to the discovery of a fact is admissible. ThAnvar P V v P K Basheer (2014) and the subsequent Arjun Panditrao Khotkar (2020) hold that