DUKHTARJAHAN versus MOHAMMED FAROOQ
The High Court erred in quashing maintenance for the child based on the alleged timing of birth; Section 112 creates a presumption of legitimacy for a child born in wedlock unless it is shown that the husband and wife had no access; evidence and conduct of parties do not rebut this presumption. Maintenance order should be sustained and the respondent may seek declaration in civil court if desired.
- Parties
- Appellant: Dukhtar Jahan; Respondent: Mohammed Farooq
- Jurisdiction
- India
- Judgment Date
- 20 January 1987
- Procedural Posture
- Criminal Appeal / Appeal From High Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Maintenance for Child, Legitimacy, High Court Powers Under Section 482 Cr PC
Case Brief
Summary, issues, holding and outcome
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Parties
Dukhtar Jahan
Appellant
Mohammed Farooq
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether High Court can interfere with concurrent findings under Section 482 CrPC
- 2 Presumption of legitimacy under Section 112 Evidence Act
- 3 Maintenance entitlement of child born during marriage
Ratio Decidendi
The High Court erred in quashing maintenance for the child based on the alleged timing of birth; Section 112 creates a presumption of legitimacy for a child born in wedlock unless it is shown that the husband and wife had no access; evidence and conduct of parties do not rebut this presumption. Maintenance order should be sustained and the respondent may seek declaration in civil court if desired.
Court Disposition
Appeal allowed
Orders
- Order of High Court quashing maintenance set aside
- Trial court order granting maintenance restored
Full Case Text
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