(a) the husband had refused, or refuses, to own the child ; or
(b) the child was born after the expiration of six lunar months from the date on which
the woman had accepted that the period of iddat had come to an end.
(2) Nothing contained in clause (1) shall apply to a nonMuslim if it is inconsistent with
his faith.
129. Court may presume existence of certain facts. The Court may presume the
existence of any fact which it thinks likely to have happened, regard being had to the
common course of natural events, human conduct and public and private business, in their
relation to the facts of the particular case.
Illustrations
The Court may presume—
(a) that a man who is in possession of stolen goods soon after the theft is either the
thief or has received the goods knowing them to be stolen, unless he can account
for his possession ;
(b) that an accomplice is unworthy of credit, unless he is corroborated in material
particulars ;
(c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good
consideration ;
(d) that a thing or state of things which has been shown to be in existence within a
period shorter than that within which such things or states of things usually cease
to exist, is still in existence ;
(e) that judicial and official acts have been regularly performed ;
(f) that the common course of business has been followed in particular cases;
(g) that evidence which could be and is not produced would, if produced, be
unfavourable to the person who withholds it ;
(h) that, if a man refuses to answer a question which he is not compelled to answer by
law, the answer, if given, would be unfavourable to him
(i) that when a document creating an obligation is in the hands of the obligor,
the obligation has been discharged.
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