Opinion on relationship, when relevant
AI Assist
Summary
When the court must decide whether two people stand in a particular family relationship, how they were treated and the opinion expressed by those with special knowledge (like family members) is admissible as a relevant fact. Such conduct helps form the court's view of the relationship. However, this opinion by conduct alone is not enough to prove a marriage in proceedings under the Divorce Act, 1869 or in prosecutions under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
Example
Priya and Aditya always lived together and were regularly introduced and treated by friends and family as husband and wife. Under this rule, that conduct and the family members' opinion is relevant evidence of their relationship, but it alone cannot conclusively prove marriage in proceedings under the Divorce Act, 1869 or in prosecutions under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
Bare Act
Enacted textWhen the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact:
Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869, or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
Illustrations.
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(a) The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant.
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(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.
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