What secret can your spouse keep that even the law won't touch?
- Mehtab Ali
- Feb 1
- 3 min read
Even Though It Is Commonly Acknowledged That Communications Between Spouses Are Private, Several Problems Are Unique To The Indian Setting. The Indian Supreme Court Recently Granted Adults Living Together Additional Rights That Were Previously Only Available To Married Individuals.
Protecting The Public Interest Is The Reason This Privileged Evidence Is Being Granted. Accordingly, Section 126 Of The Indian Evidence Act Grants Professional Communications A Privilege, To Give The Accused A Reasonable Opportunity To Obtain Competent Legal Counsel.
Similar To This, Section 122 Of The Indian Evidence Act Offers Spouses Marital Privileges, Which In Turn Makes Communications With Another Spouse Made During The Marriage Privileged. Hence, Without The Witness Spouse's Free Will And The Accused Spouse's Explicit Assent, The Spouse Cannot Be Forced To Reveal Such Communication In Court. In This Chapter, The Author Will Critically Examine The Legal Language Around Marital Privileges, Its Components, And Its Justification.
Indian Evidence Act, Section 122: Marital Privileges
Thus, When Section 122 Was Passed, It Was Designed To Safeguard The Amicable Marriage Between Spouses. According To Section 122, Communications Between Spouses Are Private And Confidential. Two Conditions Must Be Met To Override This Privilege. First And Foremost, The Spouse Of The Witness Needs To Be Open To Sharing The Message That Was Sent To Him. Second, The Disclosure Of Such Communication Must Have The Express Approval Of The Other Spouse.
Therefore, Even If The Witness Spouse Is Eager To Divulge Such Information, The Spouse Who Made The Communication Retains The Privilege, And Disclosure Is Prohibited. This Privilege Does Not Apply To Couples Who Are Involved In Lawsuits Against One Another Or Whose Spouse Is Suing The Other For Committing A Crime Against Him. Section 122 Has Been The Subject Of Numerous Judicial Rulings That Have Clarified Its Extent And Features Due To The Major Implications Of Marital Privilege In Trial Procedures.
Comprehending Marital Privilege: Legal Case Law
The Supreme Court Was Asked To Consider Whether A Letter Written By A Husband To Wife That Contained Defamatory Remarks About A Third Person Was Protected By Sec.122 In The Historic Case Of M.C. Verghese V. T.J. Ponnan. The Supreme Court Ruled That It Would Be Inadmissible Under Section 122 If The Accused's Guilt Was To Be Established Only Through Her Wife's Testimony. The Court Further Stated That As Long As The Parties Were Wed At The Time The Spouse Made The Communication, It Does Not Matter What The Parties' Marital Status Was At The Time Of The Legal Procedures. After A Communication Is Established, Sec.122 Protections Do Not End With The Breakup Of The Partnership; Rather, They Last For All Eternity.
During Its Discussion Of Section 122, The Delhi High Court Held In The Case Of Col. S.J. Choudhary Vs. The State That The Admission Of Testimony As Planned Under The Section Could Lead To Mistrust Between Spouses And That The Privilege Is Based On A Highly Significant Principle That The Court Cannot Waive On Its Own.
Extending The Horizon: Marital Benefits In Cohabitation
One Of The Most Important Aspects Of S. 122 Is That It Is Only Available To Married Individuals. This Begs The Intriguing Issue, "Does Live-In Relationships Also Benefit From The Privilege Of Matrimonial Communication Granted By The Indian Evidence Act?"
In The Case Of Indra Sarma V. V.K.V. Sarma, The Supreme Court Established Specific Standards For Identifying Live-In Partnerships That Qualify For The Protection Afforded By Marital Rights. These Requirements Covered Things Like How Long The Relationship Had Been Going, Living And Financial Arrangements, Sexual Relationships, Children, Socialization, And The Public Behavior Of The Partners.
These Rulings Demonstrate The Judiciary's Expanding Trend Of Granting Rights Previously Reserved For Married Couples To Individuals Living Together. We Will Examine How People In Live-In Relationships Are Covered By S.122 Of The Iea In This Progressive Setting.
The Indian Evidence Act, Section 114, Gives The Court The Authority To Assume The Presence Of Any Truth That It Believes Is Likely To Occur. The Court Has Repeatedly Relied On This Clause To Define Live-In Relationships In Connection To The Evidence Act.
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