Correct option is D
Section 112 of the Indian Evidence Act, 1872, deals with the presumption of legitimacy of a child born during a valid marriage. According to this section, a child born to a married couple during the continuance of the marriage or within 280 days after the dissolution of the marriage (provided the mother has not remarried) is presumed to be legitimate. This presumption can only be rebutted by proving that the couple did not have access to each other at the time when the child could have been conceived.
Information Booster:
The legal principle behind Section 112 ensures that the legitimacy of a child is presumed under normal circumstances, thus preventing disputes regarding the child's parentage. It aims to protect the rights of the child, and the presumption is very strong, requiring clear and compelling evidence to prove otherwise.
Additional Knowledge:
1.
Presumption of Life (Option a): The
presumption of life refers to the legal assumption that a person is alive unless proven otherwise. However, this is not covered under Section 112 of the Indian Evidence Act. Hence, Option (a) is incorrect.
2.
Presumption of Marriage (Option b): The
presumption of marriage applies when long cohabitation between two individuals creates an assumption of a valid marriage. This is also not related to Section 112, making Option (b) incorrect.
3.
Presumption of Death (Option c): The
presumption of death arises when a person has been missing for a long time (typically seven years), and there is no evidence of their being alive. However, this is not covered under Section 112. Hence, Option (c) is incorrect.
