Definitions, law, medicolegal importance, atavism and wife battering

1. LEGITIMACY AND PATERNITY
By
Dr. KomalM Jadhav
2nd yearPG Scholar
KAHER’sShriBMKAyurvedaMahavidyalaya
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
by divorce or death of the husband, his birth is presumed to be legitimate
LEGISTIMACY:
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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.
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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:
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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
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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
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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:
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8. THANK YOU
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