Child born within 4 months of marriage The Case arose from a family dispute over the estate of a man who died intestate in 2012, leaving there mother, wife and children. A suit for partition was filed by his widow wife and children, claiming equal shares as Class One heirs. Where the man is biological father for those children’s
The controversy is about on one daughter where she was born within four months of the marriage, which was taken place between the man and the child’s mother. The deceased man’s mother challenged the child’s paternity, arguing by making a statement that the child could not have been conceived within the marriage and therefore was not entitled to a share. In this case the deceased man’s mother is very much sure that child born is not within 4 months.
The trail court accepted this objection and excluded the daughter from inheritance, holding that her paternity had not been proved. Because there were no sufficient grounds to prove that the daughter is a legitimate child of the father, therefore exclusion of daughter has been made. Later This finding of the lower or trail court was challenged before the High Court.
Reversing the trail court’s decision, the High Court relied on statutory presumptions under the Indian Evidence Act and the evidence on record to hold that the child was legitimate, where High court decided to go as per laws laid down in evidence act.
The High Court also examined oral and documentary evidence showing that the deceased father had consistently acknowledged the child as his daughter during his lifetime. This become primary evidence for the case, where deceased father himself is acknowledging her daughter which is very big plus to the case.
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The Case of Inheritance: Legitimacy of child under Indian Evidence Act
The Case arose from a family dispute over the estate of a man who died intestate in 2012. When a person dies intestate, it means he did not leave a will, and therefore the property must be shared among the legal heirs. In this matter, a suit for partition was filed by his widow and children, claiming equal shares as Class One heirs. Where the man is biological father for those children’s, it is their right to claim the property.
The Main Controversy of Paternity Child in 4 months of marriage
The controversy is about on one daughter who was born within four months of the marriage, which was taken place between the man and the child’s mother. Because the gap between the marriage and the birth was very short, the deceased man’s mother challenged the child’s paternity. She was arguing that the child could not have been conceived within the marriage and therefore was not entitled to a share.
In this case, the deceased man’s mother is very much sure that child born is not within four months of a valid union. This created a big hurdle for the daughter. The trail court accepted this objection and excluded the daughter from inheritance, holding that her paternity had not been proved. Because there were no sufficient grounds to prove that the daughter is a legitimate child of the father, therefore exclusion of daughter has been made by the lower court, on Child in 4 months of marriage.
The High Court Intervention Child in 4 months of marriage
Later This finding of the lower or trail court was challenged before the High Court. The High Court took a very different view of the situation. Reversing the trail court’s decision, the High Court relied on statutory presumptions under the Indian Evidence Act and the evidence on record to hold that the child was legitimate. Here, the High court decided to go as per laws laid down in evidence act, specifically focusing on how the father treated the child.
The High Court also examined oral and documentary evidence showing that the deceased father had consistently acknowledged the child as his daughter during his lifetime. This become primary evidence for the case, where deceased father himself is acknowledging her daughter which is very big plus to the case. If a father accepts a child in society, the law also accepts her.
The Strength of Documentary Evidence
Official records such as pension and identity documents identifying the child as his daughter further supported the claim. When examining Identity proofs such as Birth Certificate, aadhar card and other ID proofs of being in india, etc has laid a strong plus point for the case in order the prove that the child is legitimate child. These documents showed that for many years, the man never denied his daughter.
Final Decision and Justice
Accordingly, the High Court modified the partition decree and directed that the property be divided into equal shares among the widow, all children, and the deceased’s mother. Finally High Court of Kerala stated that the deceased man’s property will be equally divided amoung all legal heirs such as daughter and also widow wife and also deceased’s mother i.e, man’s mother. This judgment proves that the acknowledgment by a father is a very big point in Indian law.
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