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may 2001

Supreme Court of India · 2001-05-11

Smt. Kamti Devi & Anr vs Poshi Ram Respondent

Citation / case number
AIR 2001 SUPREME COURT 2226
Court
Supreme Court of India
Petitioner
Smt. Kamti Devi & Anr
Respondent
Poshi Ram Respondent
Bench
K.T.Thomas, R.P. Sethi

Judgment text excerpt

The Supreme Court addressed the standard of proof required to rebut the presumption of paternity under Section 112 of the Evidence Act, which states that a child born during a valid marriage is presumed to be the legitimate child of the husband. The Court held that the husband must prove non-access to the wife during the time of conception by a preponderance of probabilities, rather than beyond a reasonable doubt. The Court upheld the findings of the first appellate court that the husband successfully rebutted the presumption, thus declaring him not to be the father of the child born during the marriage.

Smt. Kamti Devi & Anr vs Poshi Ram Respondent · Niyam