Supreme Court of India · 2001-05-11
KANTI DEVI vs POSHI RAM
- Citation / case number
- SC 1999/18959
- Court
- Supreme Court of India
- Petitioner
- KANTI DEVI
- Respondent
- POSHI RAM
- Author
- R.P. SETHI K.T.THOMAS
- Bench
- R.P. SETHI K.T.THOMAS
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 legitimate unless proven otherwise. The Court held that the husband must prove non-access to the wife by a preponderance of probabilities, not beyond a reasonable doubt. The judgment affirmed the appellate court's finding that the husband successfully rebutted the presumption, leading to the dismissal of the suit for paternity.