Judgment briefs
Supreme Court of India

Ivan Rathinam v. Milan Joseph

Evidence Act, 1872 – s.112 – Birth during marriage, conclusive proof of legitimacy

Allowed
Court
Supreme Court of India
Decided
28 Jan 2025
Citation
[2025] 1 S.C.R. 1009
Case no.
CRIMINAL APPEAL No. 413/2025
Bench
Surya Kant, Ujjal Bhuyan

Issue for consideration

Whether the presumption of legitimacy, if not displaced, determines paternity in law; whether the Civil Court had the jurisdiction to entertain the Original Suit and whether the Family Court was entitled to reopen the Maintenance Petition; whether the second round of by the principle of res judicata.

Judgment PDF: Ivan Rathinam v. Milan Joseph
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