New Delhi — The Supreme Court has reiterated that Section 112 of the Indian Evidence Act, 1872 presumes a child born during a valid marriage to be the legitimate child of the husband.
A bench of Justices Surya Kant and Ujjal Bhuyan explained that this strong legal presumption can be rebutted only with conclusive evidence proving the absence of physical relations between the spouses during the time of conception.
The court underlined that this provision is designed to uphold the child’s dignity and privacy, shield them from social stigma, and maintain stability in family relations. It also prevents unnecessary disputes over paternity unless supported by undeniable proof.
