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 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.
Section 41 Relevancy of certain judgments in probate, etc., jurisdiction
Section 43 Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
Section 44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 45 Opinions of experts
Section 45A Opinion of Examiner of Electronic Evidence
Section 46 Facts bearing upon opinions of experts
Section 47 Opinion as to handwriting, when relevant
Section 47A Opinion as to digital signature, when relevant
Section 48 Opinion as to existence of right or custom, when relevant
Section 49 Opinion as to usages, tenets, etc., when relevant