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1941 Supreme(Mad) 265
IN THE HIGH COURT OF MADRAS
Horwill, J.
Mrs. Raji Bai Ammal, guardian and mother of Minor Dickson Chandrabasan and Anr.
Versus
Md. Nathar Sahib
Decided On : 27.08.1941
Admissions of paternity are irrelevant if lack of access with the husband at the time of conception is not proven.
Headnote:
Admissions of Paternity - Section 112 of the Evidence Act - The court held that admissions of paternity are irrelevant if the complainant fails to prove lack of access with her husband at the time of conception.
Fact of the Case:
The court dismissed the petition for maintenance as the complainant failed to prove lack of access with her husband at the time of conception.
Finding of the Court:
The Magistrate dismissed the petition for maintenance due to the possibility of access, rendering the admissions of paternity irrelevant.
Issues: The issue was whether the complainant proved lack of access with her husband at the time of conception.
Ratio Decidendi: The court's decision was influenced by the clear wording of Section 112 of the Evidence Act, which deems admissions of paternity irrelevant if lack of access with the husband at the time of conception is not proven.
Final Decision: The petition for maintenance was dismissed.
Horwill, J.
1. In view of the clear wording of Section 112 of the Evidence Act, all admissions of paternity are irrelevant if the complainant fails to prove that she and her husband had no access at the time when the child could have been begotten.
2. The Magistrate has held that there may have been access. The petition for maintenance had necessarily therefore to be dismissed, however convincing the evidence adduced by the complainant might have been.
3. This petition is dismissed.
