Shayana K vs Sreekumar T. — 321/2022

Summary The Munsiff Court dismissed the plaintiff's suit seeking a declaration that the second defendant is the biological father of a child born during her subsistence of marriage to the first defendant. The court held that Section 112 of the Indian Evidence Act creates a conclusive presumption of legitimacy for children born during valid marriage, which can only be rebutted by proving non-access between spouses through strong evidence. Since the plaintiff provided no evidence of non-access and failed to discharge her burden of proof through witness testimony or scientific evidence, the statutory presumption favoring the first defendant as the father remained undisturbed, rendering the declaration claim unjustifiable. This case analysis is maintained by casestatus.in based on publicly available court records.