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Kavita gives birth to a son 250 days after her marriage to Arvind is dissolved by divorce; she has not…

Section 116 makes birth during a valid marriage, or "within two hundred and eighty days after its dissolution, the mother remaining unmarried", conclusive proof of…

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Kavita gives birth to a son 250 days after her marriage to Arvind is dissolved by divorce; she has not remarried. Arvind denies that he is the father. What is the position under section 116 of the BSA?

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Correct answer A

Section 116 makes birth during a valid marriage, or "within two hundred and eighty days after its dissolution, the mother remaining unmarried", conclusive proof of legitimacy, displaced only by proof that the parties had no access to each other when the child could have been begotten. A birth 250 days after the divorce is within the period, the rule is conclusive rather than a "may presume", and the period is 280 days, not 180.

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