IEA 50 — Opinion on relationship, when relevant

Indian Evidence Act, 1872

Statutory text

When  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 Indian
Divorce Act, 1869 (4 of 1869), or in prosecutions under section 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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