50.
Opinion or 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, 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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