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Is Birth during marriage, conclusive proof of legitimacy What is Proof of cession of territory What is Presumption as to abetment of suicide by a married women Section 112, 113 and 113A of Indian Evidence Act 1872

Birth during marriage, conclusive proof of legitimacy Proof of cession of territory Presumption as to abetment of suicide by a married women are defined under section 112, 113 and 113A of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 112 of Evidence Act "Birth during marriage, conclusive proof of legitimacy"

The fact that any person was born during the continuance of a valid marriage between his mother and man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the parties to the marriage had no access to each other at any time when he could have been begotten.


 

Section 113 of Evidence Act "Proof of cession of territory"

A notification in the official Gazette that any portion of British territory has 82[before the commencement of Part III of the Government of India, Act, 1935] been coded to any Native State, Prince or Ruler shall be conclusive proof that a valid cession of such territory took place at the date mentioned in such notification.

 

Section 113A of Evidence Act "Presumption as to abetment of suicide by a married women"

When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstance s of the case, that such suicide had been abetted by her husband or by such relative of her husband.

Explanation - For the purposes of this section, "cruelty" shall have the same meaning as in section 498 A of the Indian Panel Code (45 of 1860).

 

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