LAW OF EVIDENCE 565
Meaning of non-access.
1934. 38 Bom. L.R. 394.
Karapaya vs. Mayandi.
Access does not imply actual cohabitation. It means no more than opportunity of intercourse.
Kerapaya, a Madras Hindu acquired considerable property in Burma. He died a lunatic in 1923.
Karapaya first married Karapayi and then married Nachiama. Kerapaya lived with Nachiama at Tamagyo while Karayappi was living at Houlmein with her mother and brother.
In December 1911 an agreement made between (Left incomplete—ed.)
(3) The conclusion cannot be demolished by giving evidence of inability to cohabit.
29. I . A. 17 Narendra vs. Ram Govind.
1901
Upendra was married to Tilottama. Upendra died on July 15 from the effects of a Carbuncle in his back, from which he had been suffering for sometime.
After the death of Upendra, Tilottama gave birth to a son Narendra on April 18,1887 i.e. 9 months 10 days or 280 days after the death of Upendra.
There were three questions to be considered :
Was Narendra the child of Tilottama—Upendra ?
Was he born within 280 days from the death of Upendra ?
Is it proved that he and she had no access to each other at any time when the appellant could have been begotten ?
On the last issue the evidence was as follows:
Tilottama was married when she was quite a child and lived with her parents. But shortly before his death in July
1886 she went to live with her husband. How long before it is not clear. Some witnesses said five or six days others said ten or twelve days.