person before the Court so that it can assess the legitimacy of the arrest or detention. Mandamus : To direct a public official or authority
Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
relationship; (e) a suit or proceeding for a declaration as to the legitimacy of any person; (f) a suit or proceeding for maintenance
Section 16 in The Hindu Marriage Act, 1955
16. Legitimacy of children of void and voidable marriages.-
(1) Notwithstanding that marriage is null and void
Indian Evidence Act, 1872
112. Birth during marriage, conclusive proof of legitimacy.
The fact that any person was born during the continuance of a valid
evidence except in cases of non-access for disproving the
presumption of legitimacy and paternity. It is a rebuttable
presumption of lam, that a child ... child is born that is a
conclusive proof about the legitimacy. This section would
constitute a stumbling block in the way of the petitioner
getting
which reads:-
"112. Birth during marriage,
conclusive proof of legitimacy. - The
fact that any person who was born
during the continuance of a valid ... with other men is not sufficient to
rebut the conclusive presumption of legitimacy
which is raised by section 112 of the Evidence Act,
unless
such marriage would not be
entitled to the benefit of statutory legitimacy or
inheritance.
9. It may be mentioned that one of the contentions raised ... before the High Court was that if the benefit of legitimacy
contemplated by Section 16 of the Act is not extended to
children born
Section 6 in The Prohibition of Child Marriage Act, 2006
6. Legitimacy of children born of child marriages
.Notwithstanding that a child marriage has been
According to learned counsel Section 16 of the Hindu Marriage Act confers legitimacy on the children born in the second wife and they are also ... Raman Nair. The relevant clauses of Section 16 are extracted below :
"Legitimacy of children of void and voidable marriages.-
(1) Notwithstanding that a marriage