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Bhauri Devi (Smt.) vs. Mahendra Kumar & Ors.

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Evidence Act, 1872–Sec. 112 [Corresponding Sec. 116 of BSA, 2023]–Presumption under–Applicability–It is the case where the female is denying a child to be hers–It is usually the male who denies the paternity of a child on many grounds including alleged infidelity of the wife–The provisions of Sec. 112 demonstrate beyond any doubt that the legislative intent never envisaged a situation where a female would deny that a child was not born from her womb–There is no statutory presumption in respect of a women under this provision.