Ab Extra: Meaning, Origin and Explanation

This article titled ‘Ab Extra: Meaning, Origin and Explanation’ is written by Sahajpreet Bhusari and discusses the maxim of Ab Extra.

I. Meaning and Origin

Ab Extra is a legal term of Latin origin. In Latin, the maxim literally means, ‘from the outside’[1].

II. Explanation

Knowledge obtained from external sources refers to Ab Extra. This maxim refers to the situation in which, in addition to its actual information, there is some value addition. In the case of documents or information provided by a third party (a person who is not a party to the case), this will be considered supplementary or ab extra.

III. Illustrations

1. When a party to a lawsuit may have received information from a third party. This third party information is considered supplementary or referred to as ab extra in legal terms.
2. In cases where funding is received from a third party, it is called ab extra funding.

IV. Case Laws

In the case of Manjula S. Deshmukh v. Suresh Deshmukh[2], the court confirmed the nullity of the marriage. The evidence produced by the wife was taken into consideration and it was held that the marriage was not really consummated by penetration and that the birth of the child was due to fecundation that took place ab extra.

In the case of T. Rang swami v. T. Aravindammal[3], it was established that the birth of a child cannot be considered as the consummation of marriage and that fecundation can take place ‘ab extra’.

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References

[1] Ab Extra, Accessed on 11/11/2021 Click Here

[2] AIR 1979 Delhi 93.

[3] AIR 1957 Mad 243.

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1. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams
2. Legal Bites Academy – Ultimate Test Prep Destination