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may 2001

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.

KANTI DEVI vs POSHI RAM · Niyam