Section 44 of BSA : Section 44: Opinion on relationship, when relevant.

Explanation using Example

Example 1:

Scenario: Determining the relationship between two individuals in a property dispute.

Situation: A property dispute arises where the court needs to determine if Mr. Rajesh and Ms. Sunita were married, as this would affect the inheritance rights of their children.

Application: The court considers the opinion of Mr. Rajesh's and Ms. Sunita's neighbors and friends, who have always treated and referred to them as husband and wife. This opinion, expressed by their conduct, is relevant to establish the relationship between Mr. Rajesh and Ms. Sunita.

Outcome: The court finds the neighbors' and friends' consistent treatment of Mr. Rajesh and Ms. Sunita as a married couple to be a relevant fact in determining their marital status, although it is not sufficient on its own to prove the marriage conclusively.

Example 2:

Scenario: Establishing the legitimacy of a child in a family inheritance case.

Situation: In a case where the legitimacy of Mr. Anil as the son of Mr. Bhaskar is questioned, which impacts his right to inherit property from Mr. Bhaskar.

Application: The court looks at the conduct of Mr. Bhaskar's family members, who have always treated Mr. Anil as Mr. Bhaskar's legitimate son. This includes family members referring to Mr. Anil as Mr. Bhaskar's son in social gatherings, family functions, and in everyday interactions.

Outcome: The court considers the consistent treatment of Mr. Anil as Mr. Bhaskar's legitimate son by the family members as a relevant fact in establishing his legitimacy, although it is not the sole proof required to establish this fact conclusively.