Birth during marriage, conclusive proof of legitimacy
AI Assist
Summary
Birth during a valid marriage, or within 280 days after it ends while the mother remains unmarried, is conclusive proof that the child is the husband's legitimate son. The husband is presumed to be the father and that presumption can be rebutted only by proving the spouses had no access when the child could have been begotten.
Example
Rohan and Sneha are married. Sneha gives birth while their marriage is still in force; the child is conclusively presumed to be Rohan's legitimate son unless it is shown that Rohan and Sneha had no access during the time the child could have been conceived.
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 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.
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