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Aparna Ajinkya Firodia vs Ajinkya Arun Firodia on 20 February, 2023

Hon'ble Justice V. Ramasubramanian, in his concurrent judgment in Aparna Aninkya Firodia's case, supra, observed that the Indian Evidence Act places birth during marriage as "conclusive proof" of legitimacy. A combined reading of Section 112 shows that once the party questioning the legitimacy of birth of a child shows that the parties to the marriage had no access to each other, then, the benefit of Section 112 is not available to the party invoking Section 112. In other words, if a party to a marriage establishes that there was no access to the party to the marriage, then the shield of conclusive proof becomes unavailable."
Supreme Court of India Cites 40 - Cited by 15 - V Ramasubramanian - Full Document
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