Legitimacy of Children And DNA Tests: A Study
Journal Title: IOSR Journal of Humanities and Social Science - Year 2018, Vol 23, Issue 3
Abstract
Dispute relating to legitimacy of children arises in various types of quasi-marriages including livein-relationship, when a child is born to parties. In such cases, it is easy to find that the male party denies any type of physical contact with the women and also the legitimacy of the child. Sec 112 of the Indian Evidence Act provides for the conclusive proof of legitimacy, if the child is born during the subsistence of a valid marriage. The male party is given the opportunity to deny the legitimacy of the child by adducing evidence of non-access. Non-access has been explained in depth, with the help of decided cases. Several useful tests are made for conducting DNA Tests and in case of refusal by the husband, legitimacy can be held to be established. Suitable amendments to existing Sec 112 of the Indian Evidence Act for providing Sec 120A, so that Disputes relating to legitimacy can be resolved.
Authors and Affiliations
Prof (Dr) Mukund Sarda
Keywords
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- EP ID EP418138
- DOI 10.9790/0837-2303033537.
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