legitimacy

The law of evidence raises a conclusive presumption of legitimacy: a child born during a valid marriage, or within 280 days after its dissolution with the mother remaining unmarried, is conclusively proved to be the legitimate child of the husband, unless it is shown that the parties had no access to each other when the child could have been conceived. DNA evidence is directed only in strong cases, given the strength of this presumption.

Section 16 of the Hindu Marriage Act confers legitimacy on children of void and voidable marriages. The Supreme Court has held that such children inherit their parent’s share, including the parent’s share in coparcenary property ascertained by notional partition, but have no right by birth in the coparcenary.

Example

Since the husband had access during the relevant period, the legitimacy of the child could not be questioned.

In Indian law

• Section 116, Bharatiya Sakshya Adhiniyam, 2023 (old s.112 Evidence Act)
• Section 16, Hindu Marriage Act, 1955
• Revanasiddappa v. Mallikarjun, 2023 INSC 783: inheritance rights of children of void marriages

See also

conclusive proof · presumption · nullity of marriage · marriage

Read more in the study notes

• Phases of negotiation, qualities of a negotiator and power to negotiate (Alternative Dispute Resolution Systems)
• Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
• Kidnapping, abduction, slavery and forced labour (Bharatiya Nyaya Sanhita)
• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)
• Opinions of third persons: experts, handwriting, the Examiner of Electronic Evidence, custom and relationship (sections 39 to 45) (Bharatiya Sakshya Adhiniyam)