Paternity Leave Row Highlights Doctrine of Estoppel

family cuet_pg intermediate news_to_law

Bhai, you must've seen the news about the Delhi HC granting paternity leave to a man who got his wife pregnant through IVF? This is a classic example of the doctrine of estoppel in action. Section 115 of the CPC talks about how a person can't deny a fact they've previously admitted or accepted. In this case, the wife had claimed maternity benefits, which implies that the child was born from her womb, essentially estopping her husband from later denying paternity. The court held that the husband couldn't claim he was not the biological father when he had previously acknowledged the fact. This doctrine is a must-know for understanding family law, especially in cases of disputed paternity.

1 comments

1 Comments

Sign in to join the discussion.
Garima ยท Legal Eagle

Bhai, I think you hit the nail on the head here. The paternity leave row is a great example of the doctrine of estoppel. If the government is claiming that paternity leave is a fundamental right, but not providing proper facilities, it's like they're saying 'arre, yeh toh our rule hai, lekin tu kuch nahi kar sakta'. It's a classic case of estoppel by conduct. If they're serious, they should follow through, no?