Fact:
A child has been born within the 281 days after the dissolution of a valid marriage and the mother was unmarried. Is the child legitimate or not?
Decision:
The child is not legitimate
Reasoning:
If any child was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after it’s 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.
The section 112 of the Evidence Act is based on the principle that when a particular relationship, such as marriage is shown to exist, then its continuance must prima facie be presumed .Under this section the fact that any person was born:
1. During the continuance of a valid marriage between his mother and any man, or
2. Within two hundred and eighty days after its dissolution, the mother remained unmarried
So the time limit is 280 days and the condition is that the women must remain unmarried.
In this following case the women was unmarried but the time period exceeds 280 days and the child was born in the 281th day so the child is illegitimate.
Md. Abdur Rahim
Lecturer in law
Daffodil International University.
