44. 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.
Bharatiya Sakshya Adhiniyam, 2023
Section 41 Opinion as to handwriting and signature, when relevant
Section 42 Opinion as to existence of general custom or right, when relevant
Section 43 Opinion as to usages, tenets, etc., when relevant
Section 44 Opinion on relationship, when relevant
Section 45 Grounds of opinion, when relevant
Section 46 In civil cases character to prove conduct imputed, irrelevant
Section 47 In criminal cases previous good character relevant
Section 48 Evidence of character or previous sexual experience not relevant in certain cases
Section 49 Previous bad character not relevant, except in reply