Section 112 of IEA : Section 112: Birth during marriage, conclusive proof of legitimacy.

IEA

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Explanation using Example

Example 1:

Rahul and Priya were married in 2015. In 2017, Priya gave birth to a baby boy named Arjun. According to Section 112 of the Indian Evidence Act 1872, Arjun is conclusively presumed to be the legitimate son of Rahul because he was born during the valid marriage between Rahul and Priya. This presumption holds unless Rahul can provide evidence that he had no access to Priya at the time when Arjun could have been conceived.

Example 2:

Anil and Sunita were married in 2010 but got divorced in January 2018. In June 2018, Sunita gave birth to a baby girl named Meera. Since Meera was born within 280 days after the dissolution of Anil and Sunita's marriage, and Sunita did not remarry during this period, Meera is conclusively presumed to be the legitimate daughter of Anil. This presumption can only be challenged if Anil can prove that he had no access to Sunita during the time when Meera could have been conceived.

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