SMT. KANTI DEVI AND ANR. versus POSHI RAM

SMT. KANTI DEVI AND ANR. versus POSHI RAM

The standard of proof required to rebut the presumption of legitimacy under Section 112 Evidence Act is higher than the civil standard of preponderance of probabilities, but less than proof beyond reasonable doubt; first appellate court's finding that the presumption was rebutted by absence of opportunity for...

Source-derived case information.

Parties
Appellant: Smt. Kanti Devi; Respondent: Poshi Ram
Jurisdiction
India
Judgment Date
11 May 2001
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal dismissed
Legal Topics
Legitimacy of Children, Paternity, Burden of Proof, Presumption Under Evidence Act
Family Law Legitimacy of Children Paternity Burden of Proof Presumption Under Evidence Act

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Parties

Smt. Kanti Devi

Appellant

Poshi Ram

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 What is the standard of proof required to displace the conclusive presumption of paternity under Section 112 of Evidence Act?
  2. 2 Does proof of non-access require the criminal standard of proof or is the civil standard sufficient?
  3. 3 What is the true import of 'access' under Section 112 Evidence Act?

Ratio Decidendi

The standard of proof required to rebut the presumption of legitimacy under Section 112 Evidence Act is higher than the civil standard of preponderance of probabilities, but less than proof beyond reasonable doubt; first appellate court's finding that the presumption was rebutted by absence of opportunity for marital intercourse cannot be interfered with in a second appeal as it is a pure question of fact.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed