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Principle: The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Facts: X and Y married on January 15, 1995. Y, the wife of X, never left her parental home and never went to her husband’s home. A boy was born to Y on July 15, 1995. For the Court:
There shall be a conclusive proof that the boy is the legitimate son of X.
There shall be no conclusive proof that the boy is the legitimate son of X.
There shall be a conclusive proof that the boy is the illegitimate son of X.
There shall be no evidence at all.
The facts are insufficient in the given question. Based on various assumptions, options 1, 2 and 3, all three can be possible correct choices. If there was no opportunity of physical relationship between Xand Ythen Yis but obviously not carrying X’s child But with the motive of marking 3 seems to be good option.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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