Section 112 of the Indian Evidence Act, 1872 gives the rule for the proof of paternity of a person. It lays down that if a child was born during the continuation of a marriage between the mother and a man or within 280 days after the dissolution of the marriage, provided that the mother remained unmarried, is a definite proof of the legitimacy of that child. It can only be rebutted when it can be shown that both the parties had no access to each other during the time when he could have been begotten. To prove the illegitimacy of the child, a strong, conclusive and clear evidence is required.
- Shyam Lal v. Sanjeev Kumar (AIR 2009 SC 3115)
- Raghunath Parmeshwar Pandit Rao Mali v. Eknath Gajanan Kulkarni (AIR 1996 SC 1290)