Birth during marriage, conclusive proof of legitimacy
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Summary
A child born during a valid marriage, or within 280 days after that marriage ends while the mother remains unmarried, is conclusively presumed to be the husband’s legitimate child. This applies to births during the marriage or up to 280 days after its dissolution. The only exception is if it can be proved the spouses had no access when the child could have been begotten.
Example
Priya’s marriage to Aditya ended and she did not remarry. She gave birth 200 days after the marriage dissolved. Under this rule the child is conclusively presumed to be Aditya’s unless it can be shown that Priya and Aditya had no access when the child could have been begotten.
Bare Act
Enacted textThe 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 child 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.
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