https://www.taxtmi.com/caselaws?id=189518 A child born during a valid subsisting marriage is presumed legitimate under Section 112 of the Indian Evidence Act, and that presumption can be displaced only by strong proof of non-access showing that conception by the husband was not possible. The required standard is higher than ordinary preponderance of probabilities, though it is not proof beyond reasonable doubt. The first appellate court's finding that the husband had no access to the wife was based on appreciation of evidence and did not raise a substantial question of law, so interference in second appeal was not warranted. The presumption of legitimacy was therefore treated as rebutted on the facts. en-us Fri, 11 May 2001 00:00:00 +0530 Wed, 11 Jan 2017 17:24:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189518 A child born during a valid subsisting marriage is presumed legitimate under Section 112 of the Indian Evidence Act, and that presumption can be displaced only by strong proof of non-access showing that conception by the husband was not possible. The required standard is higher than ordinary preponderance of probabilities, though it is not proof beyond reasonable doubt. The first appellate court's finding that the husband had no access to the wife was based on appreciation of evidence and did not raise a substantial question of law, so interference in second appeal was not warranted. The presumption of legitimacy was therefore treated as rebutted on the facts. Case-Laws Indian Laws Fri, 11 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189518