Supreme Court of India · 1953-12-08
CHILUKURI VENKATESWARLU vs CHILUKURI VENKATANARAYANA.
- Citation / case number
- SC 1953/1471
- Court
- Supreme Court of India
- Petitioner
- CHILUKURI VENKATESWARLU
- Respondent
- CHILUKURI VENKATANARAYANA.
- Bench
- MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court held that Section 112 of the Indian Evidence Act provides a conclusive presumption of legitimacy for children born during lawful wedlock, which can only be rebutted by proving non-access between the spouses at the time of conception. The Court clarified that evidence of non-access can be direct or circumstantial, but must be clear and satisfactory. The ruling emphasized that the English common law principle preventing spouses from testifying about non-access does not apply in India, as it is not found in the Indian Evidence Act. The Court overturned the High Court's decision, affirming that the husband failed to prove non-access, thus upholding the presumption of legitimacy.