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Access

Approach, or the means of approaching. The presumption of a child's legitimacy is rebutted, if it be shown by strong, distinct, satisfactory, and conclusive evidence (see Atchley v. Sprigg, (1864) 33 L.J. Ch. 345) that the husband - whether before or after marriage -had not access to his wife within such a period of time before the birth, as admits of his having been the father. 'If a husband have access, although others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances is still legitimate.' per Alderson, J., in Cope v. Cope,(1833)5 C. & p. 604. Neither husband nor wife is admissible as a witness to prove non-access.'This' (says Lord Mansfild, in Goodright v. Moss, (1777)2 Cowp. at p. 594) is a rule founded on decency, morality, and policy.' And see Bosvile Attorney-General, (1887) 12  P. D.177. [Whart.] "Access" and "non-access "- mean the existence or non-existence of opportunities for sexual intercourse; it does not mean actual "cohabitation". Goutam kundu v. state of W.B., (1993) 3 SCC 418: 1993 SCC (Cri)928.