Opinion or relationship, when relevant
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Summary
When a court must decide how two people are related, behaviour that shows an opinion about that relationship, or a family member's opinion when they have special means of knowledge, is relevant evidence. Such conduct or opinion can help form the court's view of paternity, marriage or similar ties. However, that opinion alone cannot prove a marriage in proceedings under the Indian Divorce Act or in prosecutions under sections 494, 495, 497 or 498 of the IPC.
Example
Priya and Arjun were always introduced by neighbours and friends as husband and wife and behaved that way in public. A court may treat that conduct as relevant evidence of their marital relationship, but such conduct alone cannot prove marriage in proceedings under the Indian Divorce Act or in prosecutions under sections 494, 495, 497 or 498 IPC.
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, or any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is relevant fact;
Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 1869 (4 of 1869) or in prosecutions under sections 494, 495, 497 or 498 of the Indian Penal Code (45 of 1860).
Illustrations
- (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.
(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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