Jones v Jones - [1953] NZLR 915

Destitute Persons — Maintenance of Child — Child born during Wedlock — Presumption of Legitimacy — Evidence in Rebuttal — Medical Evidence as to Period of Gestation — Standard of Proof — Child fully-developed at Birth — Period of 215 Days from Earliest Date of Intercourse — Impossibility of Husband's Paternity — Husband Re-marrying Wife and living with Her after Commencement of Pregnancy — Unawareness of Non-Paternity at Such Times — Such Conduct not Admission of Paternity on His Part — Husband not precluded thereby from Denial of Paternity in Maintenance Proceedings — Wife's Application for Child's Maintenance dismissed — Appeal from Refusal of Order also dismissed.