Section 116 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 addresses the presumption of legitimacy concerning a child born during the continuance of a valid marriage or within a specified period after its dissolution.(aaptaxlaw.com)
๐ Text of Section 116
Section 116: Birth during marriage, conclusive proof of legitimacy(aaptaxlaw.com)
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 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.(indiankanoon.org)
๐ Explanation
Section 116 establishes a legal presumption regarding the legitimacy of a child born during the continuance of a valid marriage or within 280 days after its dissolution, provided the mother remains unmarried during this period. This presumption can be rebutted only by proving that the parties to the marriage had no access to each other during the time when the child could have been conceived.(lawfyi.io)
โ๏ธ Legal Significance
Presumption of Legitimacy: This section reinforces the presumption that a child born during the marriage or within the specified period after its dissolution is the legitimate child of the man, promoting the child's rights and status.
Burden of Proof: The onus is on the party challenging the legitimacy of the child to provide evidence that the parties had no access to each other during the relevant period.
Legal Clarity: It provides clarity in legal proceedings concerning the legitimacy of children, ensuring that such matters are resolved based on clear presumptions unless compelling evidence suggests otherwise.
๐งพ Practical Application
Inheritance Rights: In cases of inheritance, this presumption ensures that a child born during the marriage or within the specified period is recognized as a legitimate heir, safeguarding their rights.
Custody and Guardianship: In custody disputes, this section supports the child's status as the legitimate child of the man, influencing decisions related to guardianship and parental rights.
Legal Disputes: In legal disputes concerning the legitimacy of a child, this presumption serves as a starting point, with the burden on the challenging party to disprove the legitimacy.
Summary: Section 116 of the Bharatiya Sakshya Adhiniyam, 2023, provides a legal presumption that a child born during the continuance of a valid marriage or within 280 days after its dissolution, with the mother remaining unmarried, is the legitimate child of the man. This presumption can only be rebutted by proving that the parties had no access to each other during the time when the child could have been conceived
RELATED Blog
0 comments