Evidence Act, 1872–Sec. 112–Scope–The presumption u/s. 112 can be drawn only if the child is born during the continuance of a valid marriage and not otherwise.
Evidence Act, 1872–Sec. 114(h)–Matrimonial dispute–The section has no application to a case where a mother refuses to make the child undergo the DNA test.
Marriage Law–Access and non-access between the husband and wife– Determination–Access or non-access must be in the context of sexual intercourse
that is, in the sexual sense and, therefore, in that narrow sense–Access may for instance, be impossible not only when the husband is away during the period when the child could have been begotten or owing to impotency or incompetency due to various reasons or the passage of time since the death of husband–Thus, even though the husband may be cohabiting, but there must also be non-access between the husband and wife–One of the instances of non-access despite co-habitation is the importance of the husband–If the husband has had access, adultery on the wife’s part will not justify a finding of illegitimacy–Thus, non-access has to be proved as a fact in issue and the same can be established by direct and circumstantial evidence of an unambiguous character–Thus, there could be non-access between the husband and wife despite co-habitation–Conversely, even in the absence of actual cohabitation, there could be access.
