The question is, whether, and when, A and B were married. Does an entry in the memorandum book by C, the deceased father of B, of his daughter’s marriage with ‘A’ on a given date, become a relevant fact.

Facts of the Case

• The dispute concerns whether A and B were married, and the date of the alleged marriage.
• ‘C’, the father of B (who is now deceased), made an entry in his personal memorandum book recording that: “My daughter B was married to A on ______ date.”
• C has since died, and this memorandum entry is now produced in court as evidence.
• The parties dispute the validity and relevancy of this entry:
  • One side claims it is reliable evidence of the marriage.
  • The opposing side argues it is not admissible, as it is merely a private note made by a deceased person.

The court must determine whether this entry is relevant and admissible under the Evidence Act.

Issues in the Case

1. Whether a statement or entry made by C (now deceased) regarding the marriage of his daughter is relevant and admissible in evidence?
2. Whether the entry qualifies as a statement relating to “family affairs” or “pedigree” under Section 32(5) of the Evidence Act?
3. Whether the memorandum book is a document made before any dispute (“ante litem motam”), making it reliable as evidence?
4. Whether such entry can be used to prove the fact of marriage between A and B, or merely as corroborative evidence?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Section 32(5), Indian Evidence Act – Statements of Deceased Persons Relating to Family Affairs (Pedigree)

Section 32(5) makes admissible:

“Statements made by a deceased person relating to the existence of any relationship by blood, marriage, or adoption… made before the question in dispute arose.”

Requirements:

• The person who made the statement must be dead.
• The statement must relate to marriage, birth, family relationship, or pedigree.
• It must have been made before any legal dispute (i.e., ante litem motam).
• The maker must have had special means of knowledge (such as a parent in the family).

Application to this case:

• C (father of B) is deceased.
• The statement concerns the marriage of his daughter, which is a question of family relationship / pedigree.
• Fathers have special means of knowledge regarding their daughters’ marriages.
• The entry was made at the time of marriage, not after any dispute began.

Therefore, the entry in the memorandum book is relevant and admissible.

B. Section 50 – Opinion on Relationship When Relevant

Section 50 allows:

Opinions or conduct of persons who have special knowledge of a family’s affairs to prove the existence of a relationship.

C’s memorandum entry can be treated as:

• Expression of opinion by a person with special knowledge about the marriage of his daughter,
• And therefore relevant.

C. Case Law Supporting Admissibility

1. Dawsons v. Linton (1885) – Entries made by a deceased parent regarding their child’s birth or marriage are relevant as family-pedigree evidence.
2. Kashi Nath v. Jaganath (1910 ILR) – Private family records made ante litem motam are admissible under Section 32(5).
3. Bai Hira Devi v. Official Assignee of Bombay (1958 SC) – Statements concerning family relationships made by deceased persons are admissible.

These judgments emphasize:

• Reliability of family records,
• Independent creation,
• And the special knowledge of the maker.

Possible Judgment

The entry made by C in his memorandum book is a relevant and admissible fact under the Indian Evidence Act.

Reasons:

1. Section 32(5) directly applies
   The statement relates to marriage, which is a relevant fact under “relationship by marriage.”
   C is deceased; he had special knowledge; the entry was made before any litigation.
2. Entry is part of family records
   Memorandum books, family diaries, or pedigree notes are often relied upon in proving marriages, births, and deaths.
3. It is made ante litem motam
   Since it was made at the time of marriage—not during dispute—it carries higher credibility.
4. It is relevant but not conclusive
   The entry can be used as evidence, but may require corroboration depending on circumstances.

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