Literal Meaning
From outside or from beyond.
Explanation
Ab Extra refers to the information gained from external sources. This maxim deals with the situation where source of anything is apart from the actual source of the same. If any evidence or any information given by third person (person other than the parties to the case), this will be consider as ab extra. This term is also used when there is a possibility of fecundation that might have taken place ab extra by semen encountering the vagina of the deceased and causing a possible pregnancy without penetration or normal intercourse.
Origin
Latin
Illustration
1.In a case, a person may have received some information from a third party and it will be considered as ab extra.
2. In a case, if a person may have received some funding from third party .This funding may have been considered ab extra
Case References
Clarke v. Clarke , (1943) 2 ALL ER 540
In this case J. Pilcher held that birth of the child was due to fecundation ab extra and the marriage between husband and wife had never been consummated owing to the wife’s incapacity. Thus, Justice granted a decree of nullity to the husband.
T. Rangaswami v. T. Aravindammal, AIR (1957) Mad 243
In this case J. Ramaswami mentioned in the judgement that the birth of a child is not conclusive evidence, the marriage has been consummated as it is well established that fecundation ‘ab extra’ can take place.
Manjula S. Deshmukh v. Sjresh Deshmukh , AIR 1979 Delhi 93
Justice Avadh Behari Rohatgi accepted the evidence of the wife. The evidence shows that the semen might have encountered the vagina of woman and caused a pregnancy without penetration or ordinary intercourse as it is properly understood. The birth of the child was due to an accident freak of fecundation ab extra during an abortive attempt to consummate. Decree of nullity of marriage has been confirmed.”
Edited by Sree Ramya
Approved & Published – Sakshi Raje
