What is the test for determining whether a defendant is the father of twins?

The next question is, whether or not the damages awarded are excessive? The chief ground fair giving damages in actions of criminal conversation, prior to the abolition of that action in England, was the breaking up of the home, and depriving the husband of the society of the wife. Condonation was, however, no answer to the action and only went in mitigation of the damages. See Bernstein v. Bernstein [1893] P. 292, 63 L.J.P. 9. In the case at bar there has apparently been condonation, and therefore that ground of damages is largely diminished. There is, however, the fact—as the learned trial Judge points out—that as a consequence of the acts of the defendant the wife has borne twins, which, I presume, the plaintiff will have to support. I think that the learned trial Judge was justified under the evidence in assuming that the defendant was the father of these twins. The evidence does point out to it being improbable that he is the father, but the medical testimony shows that it is quite possible that he is, and I do not think that the finding of the learned trial Judge in that respect should be disturbed. I must confess that if I had been assessing the damages I would not have allowed anything like as large a sum as the amount allowed by the learned trial Judge, but I am not prepared to say that it is so excessive under all the circumstances that we would be justified in ordering a new trial.