Evidence Act, 1872–Sec. 112 [Corresponding Sec. 116 of BSA, 2023]–Legitimacy of child–”Access” or “non-access” must be understood in a very narrow and specific sense, referring to possibility of sexual relations between the spouses–Non-access denotes the impossibility, not merely the absence or lack of such opportunity–Even where cohabitation exists, non-access may arise due to impotency, serious illness, physical incapacity or absence during the relevant period–Conversely, the lack of cohabitation alone does not establish non-access, nor does the existence of extra marital relations, separate residence, or non-communication.
