Legal Maxim

Home » Ab Extra


Literal Meaning

From without, from the outside

Origin

Latin

Explanation

The knowledge obtained from external sources refers to Ab Extra. This maxim deals with the situation in which, aside from the real source of it the source of something is. Where there is any documentation or any information provided by a third party (a person other than the parties to the case), this shall be treated as ab extra.

Illustration

When a party to the case may have received some information from a third party. This information by a third party is considered as ab extra.

Case Laws

In Manjula S. Deshmukh vs. Sjresh Deshmukh, the court accepted the evidence of the wife which showed that the semen might have encountered the vagina of the 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. The decree of nullity of marriage has been confirmed.

In T. Rangaswami vs. T. Aravindammal, J. Ramaswami stated in the judgment 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.