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Rajesh Francis Vs. Preethi Roslin

Court : Kerala

..... technology had not developed as to enable courts to ascertain scientifically (and not on the basis of oral evidence) whether the child was born on account of the sexual intercourse between a man and his wife, the expression "access" was used in section 112 of the evidence ..... clearly indicate that the presumption under section 112 though it is certain to affect the legitimacy of the child born, cannot be pressed into service while deciding the validity of marriage assailed on the ground of section 12(1)(d) ..... the presumption under section 112 of the evidence act can be held to be limited to legitimacy of the child born and whether it can be held that the conclusive presumption applies only to legitimacy and not to paternity of the ..... pregnancy on the date of marriage may have an impact on the legitimacy (including paternity) of the child born cannot permit us to import the conclusive presumption under section 112 into such adjudication regarding validity of marriage. ..... section 112 of the evidence act provides that the fact that any person was born during the continuance of a valid marriage between his mother and any man shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the ..... if the mother is married to another immediately after the dissolution of marriage and a child is born after such remarriage, the child will be presumed to be the child of the subsequent husband unless it is shown that the parties to the marriage had no access to each other .....

Shaikh Shaifque Vs. Mohammed Ibrahim Moh. YasIn and Others

Court : Mumbai

..... to as "the date of which commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase: provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause. ..... the trial court therefore observed that considering the evidence which was led on behalf of the respondent no.1 herein the finding would have to be recorded that the certificate exhibit 63 recording that shaikh juned was born on 18/09/2001 can hardly be doubted and that the change in name of the child from shaikh juned to shaikh serjil was recorded at the instance of the petitioner. ..... but unfortunately, the petitioner by his machinations, has made every attempt to conceal the parentage of the child born on 8-12-2003 in the said maher hospital with the obvious intention to wriggle out of the provision of disqualification as contained in the said section 10.? ..... explanation : for the purposes of this clause, - (i) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity; (ii) "child" does not include an adopted child or children.? .....

Miss Lulano Lotha Vs. the State of Nagaland

Court : Guwahati

..... in the instant case in the face of the doctor's vacillating opinion about stage of rigor mortis in the body, the state of the lungs, and whether it was born alive, there being no other reliable evidence, the accused-appellant must be given the benefit of doubt and acquitted of the charge of murder.23. ..... lungs float in water (in pieces).as to the cause of death it says -the dead new born child appears to be full term baby.the baby appears to have breathed for sometime before death. ..... 5 deposes that the accused-appellant stated that the child was born alive, cried twice and that she squeezed the child's throat with her left, hand and killed it; thereafter she wrapped the child after ensuring the death in her half shirt, torn (tore ..... in face of this evidence we do not consider it safe to conclude that the child was born alive and was strangulated to death by the accused appellant. ..... from this angle, unless it is otherwise proved beyond reasonable doubt that the child was born alive, it is unsafe to convict the accused-appellant of murder. ..... the absence of definite proof of the child being alive and having breathed after it was born, the mother cannot be convicted of culpable homicide.20. ..... if the statement is taken into consideration it is not established that the child was born alive and was not stillborn. ..... immediately after the child was born i squeezed the throat of child three times with my left hand and as a result the child ..... is prepared:q:- whether the child was still-born or live-born? .....

Hilla Maneksha Panthaky Vs. Maneksha Darasha Panthaky

Court : Mumbai

Reported in : (1941)43BOMLR569

..... 39 of the hyderabad civil service regulations which provides thatno person unless specially authorised by his exalted highness can be appointed permanently or temporarily in the superior or inferior service of the government, if he is not a natural born subject of his exalted highness or is not domiciled within the dominions.it is not suggested that the defendant was a natural-bom subject of his exalted highness. ..... it is not in evidence before me as to where she was born, but under section 1(b)(l) of the british nationality and status of aliens act, 1914, even a person born out of his majesty's dominions is deemed to be a natural-born british subject, if his or her father was born within his majesty's allegiance, and there is evidence that her father was born within his majesty's dominions and allegiance. ..... 415, that natural allegiance is due from, all natural-born british subjects, and a natural-born british subject cannot, apart from statute, divest himself of his british nationality so as to free himself from the duty of allegiance. ..... under section 27(2) of that act 'british subject' means a person who is a natural-born british subject,or a person to whom a certificate of naturalization has been granted, or a per son who has become a subject of his majesty by reason of any annexation of territory. ..... under section 1 of the same act certain persons are deemed to be natural-born british subjects, amongst them being, '(a) any person born within his majesty's dominions and allegiance. .....

Bai Kashi Vs. Jamnadas Mansukh Raichand

Court : Mumbai

Reported in : (1912)14BOMLR547

..... appellant that, in any case, the respondent must be held estopped from denying to her the status of his wife and the right of maintenance, after he had married her in fact and lived with and borne children by her as his lawfully wedded spouse for a large number of years. ..... same effect is yama: ' the son of a degraded ascetic, the son of a brahmin woman by a shudra and the son born of a marriage of parents of the some gotra, are all three chandalas.'20. ..... anga rishi declares as follows:-' a son born of a sanyasi (ascetic), a son born of a brahmin woman by a shudra, a son born of the marriage of a couple belonging to the same gotra-all these three are ..... 93 and 94, where yajnavalkya mentions the kinds of sons born of marriages in the reverse order of castes, he declares that the son born of the marriage of a brahmin woman with a shudra becomes ' a chandala,' ' outcaste to all religion,' but as he does not say that of the other kinds of sons mentioned in the same texts, we must infer either that he was in ..... , it may be asked, does he refer to the sons born of such connections as are dealt with in verse no. ..... texts on the question of marriage between persons of different castes, madhavacharya concludes as follows:-distinguishing the different ages, the law is clearly established by a smriti, which, referring to the marriage of persons of any of the twice-born castes with persons of other castes, declares. ..... that, a man of any of the three twice-born castes could legally marry a shudra woman. .....

Mussummat Gunjeshwar Kunwar Vs. Durga Prashad Singh

Court : Mumbai

Reported in : (1918)20BOMLR38

..... their lordships' opinion, depend are, firstly, is a man who is a member of a joint hindu family, which is governed by the law of the mitakshara, and who becomes permanently blind after he is born, excluded by hindu law from sharing in the family property by reason of a permanent and incurable blindness which was not congenital; secondly, was bishambhar prashad singh, who was the father of the plaintiff ..... the 17th ground of that memorandum of appeal was as follows:-for that even assuming, without admitting, that bishambar was not born , blind, but became blind after birth, as alleged by the plaintiff, the court below ought to have held that, according to the mitakshara law of the benares school, he ..... the high court in the appeal did not expressly find that bishambhar prashad singh had or had not been born blind, but came to the conclusion that durga prashad singh had reasonable grounds for believing that there existed materials for a bond ..... in his plaint in that suit durga prashad singh alleged that his brother bishambhar prashad singh had been born blind and was excluded from inheritance to his father's estate by reason of his congenital blindness; that all the proceedings in a suit against bishambhar prashad ..... their lordships have without any doubt come to the conclusion that bishambhar prashad singh was not born blind, and that durga prashad singh could not possibly have been in ignorance or in doubt as to that fact, and had, when he induced mussummat harbans kunwar to enter into .....

Rama Ananda Patil Vs. Appa Bhima Redekar and ors.

Court : Mumbai

Reported in : AIR1969Bom205; (1968)70BOMLR773; ILR1969Bom252; 1969MhLJ43

..... allow the reversion of the property to the family of the husband from whom the property was inherited by such female hindu and consistently with this object of the legislature, son or daughter born to such female hindu from other husband and having no blood connection with the second husband form whom the property was inherited by the female hindu, cannot be deemed to have been included ..... (2)k of section 15 appears to be to allow the reversion of the property inherited by a female hindu from her husband, to the heirs of her husband and kit is also true that normally the son or daughter born to such a female hindu by some other husband cannot be said to be the heir of the other husband by any stretch of imagination from whom the property is inherited by her. ..... have thought - and rightly - that in the event of property not having been disposed of by the female hindu as absolute owner during her lifetime, the sons and daughters born to her without regard to from which husband they were born, should be enabled to have preferential rights to succeed before the same goes to the heirs of the father or heirs of the husband. ..... or daughter of a female hindu by her husband from whom such female hindu inherited the property'.according to the commissioner, this intention of the legislature will be frustrated if it is held that son or daughter born to such female hindu from her first husband is also included in the words 'son or daughter' used in clause (b) of sub-section (2) of section 15. 5. mr. .....

Rao Narsingh Rao Vs. Beti Mahalakshmi Bai

Court : Mumbai

Reported in : (1928)30BOMLR1331

..... the rest of the deed was as follows:-i am now 63 years old, and weakness and loss of strength are soon coming on, and there is no hope of an issue being born to and out of the two sons and a daughter born, lai balwant singh is the eldest, who has, since attaining majority, proved himself unworthy and pf bad character; that in spite of the instructions that were conveyed to him to correct his morals, he tried to make ..... would not have come into operation, and, accordingly, the settlor himself provides that in these events the property is to 'devolve on maha lakshmi rai or son if alive,' who should remain in possession until a son was born to balwant singh and attain majority, in which case he would take, and the person on whom the property had devolved would be entitled to receive, rs ..... by chance, before the son of lal balwant singh attains majority and an issue being born the expiry of 50 years of his age, or in case of no issue being born, the rani sahib dies, the said property should devolve on john wallis maha lachmi rai or on her son, if olive, and he would remain in possession until a son is born to lai balwant singh by the married wife and attains majority, i.e ..... , when lai balwant singh's age, which is now 34 years, reaches to that of 50, any male issue be born by married wife, he would be entitled to that property on attaining majority, and the rani sahib would be bound to retain proprietary possession until he attains majority and deliver the property to him on his .....

Bai Gulab Vs. Jivanlal Harilal

Court : Mumbai

Reported in : (1922)24BOMLR5

..... we are not concerned here with the pratilomajas but in the case of anulomajas yajnavalkya and vijnaneshvara refer to those born of a wife though she may be of a different class, the word used is vinnd (sic) which indicates a married state and not any irregular connection. ..... radhamani, the difficulty in the way of accepting this argument is that where the anulomajas are referred to they are referred to as born of the wedded wife of a lower class: and where the pratilomajas are described there is no reference to the lawful wedlock. ..... taking the verses of yajnavalkya without the commentary it is clear that in the opinion of yajnavalkya a twice-born person should not take a wife from a sudra family but if at all a person is inclined to depart from that rule, he can do so on the lines indicated in verse no. 57. ..... iii, verses 12 and 13) which point out that while for the first marriage of twice-born men (wives) of the same class are recommended, the anuloma marriages are permissible: see sacred books of the east, vol. ..... further, while speaking of the shares of sons belonging to different classes in chapter 1, section 8 (in the chapter on dayavibhaga in the (mitakshara), there is provision made for sons born of anuloma marriages, but there is no provision for pratilomajas (see stokes' hindu law books, p. ..... it is true no doubt that in brindavana's case the learned judges held that a son born of a kshatriya male and sudra female though not married was higher in caste than a sudra. .....

Sadashiv Mallikarjun Kheradkar Vs. Smt. Nandini Sadashiv Kheradkar and ...

Court : Mumbai

Reported in : 1996(1)BomCR454; (1995)687BOMLR97; 1995CriLJ4090; 1995(2)MhLj733

..... in my view, since there is sufficient foundation led in the pleading and the petitioner is seriously asserting that the child is not born to him, in the interest of justice, i feel that the respondent should be called upon to give blood sample and if she fails to obey this order, nothing can be done to compel her, but it is left to the ..... 112 of the evidence act, the husband cannot be allowed to prove that the child is not born to him since husband and wife are living together, having access to each other, even if it is proved that wife had some illicit ..... 112 of the evidence act, but so far as the third child is concerned, it was held to be born to a different person other than the husband on the basis of the blood test and on this ground the adultery was held proved and divorce ..... 112 of the evidence act, no husband can be permitted to prove that the child born to a wife is not his, if the husband and wife are living together even if wife is proved to ..... there are reported instances of theft of a newly born child in hospitals or exchange of newly born children either through inadvertance or otherwise in a ..... the evidence act, there is legal presumption that the child is born to the petitioner and therefore, no further inquiry is necessary in ..... 112 raises a conclusive presumption that if a child is born during the wedlock it shall be presumed that the child is born to the spouses unless it is proved that there was no access between the husband and wife during the period when the child .....