Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 44: Opinion on relationship, when relevant.
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 Divorce Act, 1869, or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
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.
Brefe Detail
This section outlines how opinions regarding personal relationships can be considered relevant in court. It specifies that opinions expressed by those with special knowledge of the relationships, such as family members, can be taken into account. However, it clarifies that such opinions are not sufficient to prove marriage in certain legal contexts.
Question & Answers
Q1: What type of opinions are considered relevant under Section 44?
A1: Opinions expressed by individuals who have special knowledge of the relationship, typically family members, are considered relevant.
Q2: Are opinions sufficient to prove marriage in court?
A2: No, such opinions are not sufficient 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.
Q3: Can the treatment of individuals by their friends be considered as evidence of a relationship?
A3: Yes, if A and B are treated by their friends as husband and wife, it is relevant evidence regarding their marital status.
Q4: How does this section relate to the legitimacy of a child?
A4: The fact that A is treated as the legitimate son of B by family members can be relevant in establishing the relationship.
Example
1. If a child is consistently introduced as the son of a couple in social settings, this behavior can indicate their relationship.
2. In a court case determining if a couple was married, testimonies from friends about how the couple interacted and was perceived can be considered.
Summary
Section 44 of the Bhartiya Sakshya Adhiniyam, 2023 allows for the consideration of opinions on personal relationships from those with special knowledge, such as family members. It underscores that while such opinions can provide relevant context, they do not suffice to prove legal marital status in specific judicial proceedings.
