IEA Section 50 — Opinion or relationship, when relevant

Summary

If a court needs to decide how two people are related to each other, it can consider the opinion of someone who knows about that relationship because they are a family member or have some other special way of knowing. That opinion can be shown through the person's actions or behavior. However, this kind of opinion evidence alone is not enough to prove a marriage in certain legal cases, such as divorce proceedings under the Indian Divorce Act or in specific criminal cases under the Indian Penal Code.

Official Text

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).

Related Judgments

• DHARMRAO SHARANAPPA SHABADI AND OTHERS vs SYEDA ARIFA PARVEEN — Supreme Court of India (2025)
• SHANTINATH RAMU DANOLE AND ANR. vs JAMBU RAMU DANOLE AND ORS — Supreme Court of India (1996)
• SMT. NAJMUNISHA vs THE STATE OF GUJARAT — Supreme Court of India (2024)
• BAIL APPLICATION NO. 512 OF 2025; Shoeb Kamjad Khan vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2025)

Old <-> New Code Mapping

• BSA §44 — Opinion on relationship, when relevant