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f a child is born within days after the dissolution of a valid marriage, it is a
conclusive, proof of ' thE legitimacy of the child.
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280
This presumption i based on section 112 of th Evidence Act. This .section dea, with presumption' of legitiniacj This section. is based on the fa that when a particular relatia such as marriage is shown t exist, then its continuance mu.s prima facie be proved. A, t chik will be 'presumed to' legitirn ateif born: during the continuanc of a' valid marriage 'between hi mother and any man. (ii) . within 280 days after it dissolution, the mothe remaining unmarried. Anc burden of proof will be on . thL person who wants to disprove i and claim that such a person i illegitimate. The presumptior, under this provision is conclusive presumption: Of lä which can be displaced only, bj proof of non access btweer, partners to the marriage at the time when according to th ordinary course of nature the husband and wife have nc access to each other. Non acces. can be proved by evidence direc or circumstantial and the proa of non-access must be clear anc satisfactory. Further, the chflc must have born during th continuance of a valid marriage between his mother and an) man.
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