564 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
25th February 1919. Jagir was born to Harnam Kaur on the
17th October 1919 i.e. 279 days after the death of Hari singh and 198 days after her marriage to Sohan Singh.
On a question being raised whether Jagir was the son of Hari Singh, Held that he was the son of Sohan Singh and not of Hari Singh.
- Palani vs. Sethu. 49 Mad. 553.
Pechi Ammal married Subramanya in October 1903. That marriage was dissolved in June 1904.
Pechi married Thirumani in July 1904.
Palani was born during the second week in September
1904 i.e. 4 months after the dissolution of Pechi’s marriage with Subramanya and 3 months after her marriage with Thirumani.
Whose son is Palani ? of Subramanya or Thirumani.
Held he was the son Thirumani.
- This is treated as case of conclusive proof. This is treated so not because the truth is beyond dispute. A woman although married lawfully to one man may be in the keeping of another and her children may well in fact be the children of her paramour. This is so treated because for reasons of public policy or in the interests of Society an artificial probative value is given by the law to certain facts and no evidence is allowed to be produced with a view of combating that effect. Under Section 112 artificial probative value is to the following facts.
(1) The fact of marriage.
(2) The fact of access.
So that where these two facts exist the law concludes that issue born must be legitimate i.e. it must be issue born of the husband.
(2) This conclusion can be demolished only by giving evidence of non-access.
It must be proved that the parties to the marriage had no access to each other at any time when the child could have been begotten.