DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Facts: X and Y married on January 15,1995.Y, the wife of X, never left her parental home and never went to her husband's home. A boy was born to Y on July 15, 1995. For the Court
DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Facts: X and Y married on January 15,1995.Y, the wife of X, never left her parental home and never went to her husband's home. A boy was born to Y on July 15, 1995. For the Court
The correct option is C There shall be a conclusive proof that the boy is the illegitimate son of X
- As per the Indian Evidence Act, 1872, when one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
- As per section 112, 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 conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the parties to the marriage had no access to each other at any time when he could have been begotten.
- In this case Y, the wife of X, never left her parental home and never went to her husband home. Thus it can be clearly shown that the parties to marriage had no access to each other at any time when he could have gotten as enumerated in the guiding principle. Thus, for the court there shall be conclusive proof that the boy is the illegitimate son of X.
- As per the Indian Evidence Act, 1872, when one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
- As per section 112, 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 conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the parties to the marriage had no access to each other at any time when he could have been begotten.
- In this case Y, the wife of X, never left her parental home and never went to her husband home. Thus it can be clearly shown that the parties to marriage had no access to each other at any time when he could have gotten as enumerated in the guiding principle. Thus, for the court there shall be conclusive proof that the boy is the illegitimate son of X.
