Section 41 of IEA : Section 41: Relevancy Of Certain Judgments In Probate, Etc, Jurisdiction

IEA

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Explanation using Example

Imagine a scenario where a couple has filed for divorce, and the family court has granted the divorce decree. This decree legally ends the marriage and may include orders regarding alimony, child custody, and division of property. According to Section 41 of The Indian Evidence Act, 1872, this divorce decree is relevant and conclusive proof of the legal character change (from married to single) of the individuals involved. If one of the parties later wants to remarry, the divorce decree can be presented as evidence to prove that they are legally eligible to do so. The decree is also relevant to establish the custody of the children and the ownership of property as awarded by the court at the time the decree was issued.

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