Birth during marriage, conclusive proof of legitimacy.

What this section does

A child born during a valid marriage or within 280 days of its dissolution (the mother remaining unmarried) is conclusively presumed to be the legitimate child of the husband, unless it is shown that the parties had no access to each other at the time of possible conception. This is a conclusive proof provision, not a rebuttable presumption. The only exception is proof of non-access between the spouses.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Birth during a valid marriage or within 280 days of dissolution is conclusive proof of legitimacy, rebuttable only by proof of non-access.

When it applies

• A child born eight months after the dissolution of a marriage, the mother remaining unmarried, is conclusively the legitimate child of the former husband unless non-access is proved.
• A child born during a subsisting marriage cannot be declared illegitimate unless it is shown the husband and wife had no access to each other at the time of conception.

Derived from IEA s.112.