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.