LEGITIMACY AND PATERNITY.pptx

Definitions, law, medicolegal importance, atavism and wife battering

1. LEGITIMACY AND PATERNITY By Dr. Komal M Jadhav 2 nd year PG Scholar KAHER’s Shri BMK Ayurveda Mahavidyalaya Belagavi

2. Legitimacy is the legal state of a person born in lawful marriage. or As Per section 112 of IEA - If a person is born during the continuance of a legal marriage, or within 280 days after the dissolution of the marriage b y divorce or death of the husband, his birth is presumed to be legitimate Legistimacy: 12-08-2022 LEGITIMACY AND PATERNITY 2

3. The child becomes illegitimate or bastard. If it can be proved that the husband could not possibly be the father of child by producing evidence that the alleged father is: (1) under the age of puberty, (2) physically incapable to be get children. Because of illness or congenital or acquired deformities, (3) did not have access to his wife during the time that the child was be gotten, (4) the blood groups of the child and the alleged father are not compatible. ILLEGITIMACY: 12-08-2022 LEGITIMACY AND PATERNITY 3

4. 1. Inheritance : A legitimate child is entitled to inherit the property of his father. 2. Affiliation cases: if a woman had made charges against a man that he is father of that child, in such cases, the court can sanction a monthly allowance for maintenance of child. 3. Suppostiitious child: A suppositious child means fictitious child. A woman may produce a child (which is not her child) and pretend that she was pregnant and delivered this child by the particular man. Such cases occur for succession of estate. 4. Paternity cases. MEDICOLEGAL CONSIDERATIONS: 12-08-2022 LEGITIMACY AND PATERNITY 4

5. Paternity means fatherhood. Paternity can be determined by: 1. Resemblance of features with parents A child may resemble his father in features, complexion, color of iris, gestures and other personal peculiarities. 2. Hereditary disease or deformities 3. Blood group tests 4. DNA profiling (DNA fingerprinting) PATERNITY 12-08-2022 LEGITIMACY AND PATERNITY 5

6. The child does not resemble its parents, but resembles its grandparents (Due to a chance recombination of genes). The question of paternity arises in contests over legitimacy, posthumous births. Or supposititious children ATAVISM 12-08-2022 LEGITIMACY AND PATERNITY 6

7. A battered wife is a woman who has received a deliberate, severe and repeated demonstrable physical injuries from her husband. The involved men below the age of forty suffer from personality or neurotic disorders, while those over forty suffer from psychiatric disorder. Faulk has categorised these men into five groups: (1) dependent passive. (2) dependent suspicious. (3) violent and bullying. (4) dominating. (5) normal stable and affectionate. WIFE BATTERING: 12-08-2022 LEGITIMACY AND PATERNITY 7

8. THANK YOU 12-08-2022 LEGITIMACY AND PATERNITY 8