Evidence Act, 1872–Sec. 112 [Corresponding Sec. 116 of BSA, 2023]–Legitimacy of a child–Determination–Way of–Admitted fact that the mother of the respondent and R were married to each other, when the respondent was begotten–They were admittedly living under the same roof from the year 1989 till 2003 when they decided to separate–Mother of the respondent and R had access to each other throughout their marriage–Even if, it is assumed that the respondent’s mother had relations with the appellant during her marriage and especially when the respondent was begotten, such a fact per se, would not be sufficient to displace the presumption of legitimacy–An additional access or multiple access does not automatically negate the access between the spouses and prove non-access thereof–There is a statutory mandate that the respondent must be presumed to be the son of R–View of High Court that paternity cannot be determined independent of the concurrent findings regarding the legitimacy of the child, cannot be sustained.
