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- James Stephen
KINDS OF PRESUMPTION
Presumption of fact: inference drawn on the basis of
natural events, human conduct.
Ex : Letter posted
Ex : Man refused to answer a question
Presumption of Law: inference drawn on the basis of
certain legal principles.
Ex : Section 82 IPC
Mixed presumption: inference drawn on the basis of
facts and law.
Ex : Section 83 IPC
PRESUMPTIONS UNDER INDIAN
EVIDENCE ACT (SEC. 4)
PRESUMPTIONS &
INDIAN EVIDENCE ACT
Facts:
• The marriage between the parties Shashwati Kundu & Goutam Kundu took place on 16th January
1990.
• In the month of April, 1990 she conceived, on coming to know that she was pregnant, the
appellant and the family members did not want her to beget a child. Therefore she was forced to
undergo abortion which was refused by the second respondent.
• She was subjected to Cruelty and the O.P Smt. Shaswati Kundu, filed for maintenance under
section 125, CrPC for herself and her minor child against her husband Goutam Kundu.
• The husband disputed the paternity of the child and prayed before the Court below for blood
group test of the child with a view to proving that it was somebody else through whom the wife
conceived the child and consequently he was not liable to pay maintenance for the child which is
not his child.
• The learned AddCJM, Alipore Court by its impugned order dated the 1st February, 1992 rejected
the application of the husband. Matter appealed in HC which upheld lower court on further appeal
before SC.
CASE ANALYSIS FOR CONCLUSIVE PROOF U/S. 112
NOTE: Section 112 of the Act provides a very limited exception to the presumption
of legitimacy. A valid marriage may not be conclusive proof if it can be shown that
the parties to the marriage had no access to each other during time of conception. This
has to be proved beyond reasonable doubt and not just mere balance of probabilities.
SUPREME COURT ON PRESUMPTIONS