X makes a valid acknowledgement of Y but revokes it after one year. Decide the validity of the revocation.
Find the question and answer of Muslim Law only on Legal Bites.
Question: X makes a valid acknowledgement of Y but revokes it after one year. Decide the validity of the revocation. [BJS 2014]Find the question and answer of Muslim Law only on Legal Bites. [X makes a valid acknowledgement of Y but revokes it after one year. Decide the validity of the revocation.]AnswerIn general, a valid acknowledgement of paternity creates a legal presumption of paternity, which can only be rebutted by clear and convincing evidence. Once an acknowledgement of paternity...
Question: X makes a valid acknowledgement of Y but revokes it after one year. Decide the validity of the revocation. [BJS 2014]
Find the question and answer of Muslim Law only on Legal Bites. [X makes a valid acknowledgement of Y but revokes it after one year. Decide the validity of the revocation.]
Answer
In general, a valid acknowledgement of paternity creates a legal presumption of paternity, which can only be rebutted by clear and convincing evidence. Once an acknowledgement of paternity has been made, the person who made the acknowledgement is legally considered the father of the child and has the same rights and responsibilities as a biological father.
A valid acknowledgement, once ultimate cannot be revoked by the person acknowledging it. Once the child has been legitimised, he can inherit the father's property and can also demand maintenance. Apart from the rights that the child gets after being validly acknowledged, the status of the mother of that child is also legitimised and she gains the status of the wife of the father of the child acknowledged.
The legal effects of a valid acknowledgement of paternity may be summarised as under:
(1) The child so acknowledged becomes the legitimate issue of the acknowledger and its paternity is established.
(2) As a legitimate issue, the child is entitled to inherit the properties of the acknowledger, its mother, and other relations.
(3) Acknowledgement of a child’s paternity also establishes a lawful marriage between the child’s mother and the acknowledger. The child’s mother gets the status of the wife of the acknowledger and she too is entitled to inherit the properties of her husband (acknowledger).
As held in the case of Asharfod Dowlah v. Hyder Hussain, (1866) II MIA 94, once a valid acknowledgement is made, it cannot be revoked.
A complete and valid acknowledgement is, therefore, irrevocable and any subsequent retraction or denial by the acknowledger cannot affect the legitimacy of the child acknowledged.
Applying the aforesaid legal position to the present case at hand, where X makes a valid acknowledgement of Y but revokes it after one year, such revocation of acknowledgement is not valid in the eyes of law.