Multiple choice

Unless non-access is proved, the presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is

  1. rebuttable presumption of law

  2. presumption of fact

  3. mixed presumption of law and fact

  4. irrebuttable presumption of law

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option (1) is incorrect: Under Section 112 of the Indian Evidence Act, it is not rebuttable presumption of law. Option (2) is incorrect: Under Section 112 of the Indian Evidence Act, it is not rebuttable presumption of fact. Option (3) is incorrect: Under Section 112 of the Indian Evidence Act, it is not a mixed presumption of law and fact. Option (4) is correct. Under Section 112 of the Indian Evidence Act, the fact that any person was born during the continuance of a valid marriage between his mother and man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be a conclusive proof that he is the legitimate son of that man.