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Opinion on relationships is a relevant fact in which one of the following cases?
Question

Opinion on relationships is a relevant fact in which one of the following cases?

A.

Prosecution for bigamy

B.

Prosecution for adultery

C.

Proceedings under the Indian Divorce Act

D.

Determining the marital status of two people staying together since a long period of time

Correct option is D

The correct option is (d) Determining the marital status of two people staying together since a long period of time.

Explanation

Based on the Bharatiya Sakshya Adhiniyam (BSA), 2023, the relevancy of an opinion on a relationship is governed by Section 44 (which corresponds to Section 50 of the old Indian Evidence Act).

  • The Rule: When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact.
  • The Exception (Proviso): However, such an opinion is not sufficient to prove a marriage in two specific types of legal cases:
    1. Prosecutions for bigamy (offences against marriage).
    2. Proceedings under the Divorce Act.
  • Why (d) is correct: In general civil cases or for determining the marital status of people cohabiting for a long time, the opinion of neighbors or family members (conduct-based evidence) is fully relevant and admissible to establish the relationship.

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